Ametek Thermox WDG Insitu User Manual page 11

WARRANTY AND CLAIMS
We warrant that any equipment of our own manufacture or manufactured for us pursuant to
our specifications which shall not be, at the time of shipment thereof by or for us, free from
defects in material or workmanship under normal use and service will be repaired or replaced
(at our option) by us free of charge, provided that written notice of such defect is received by
us within twelve (12) months from date of shipment of portable analyzers or within eighteen
(18) months from date of shipment or twelve (12) months from date of installation of perma-
nent equipment, whichever period is shorter. All equipment requiring repair or replacement
under the warranty shall be returned to us at our factory, or at such other location as we may
designate, transportation prepaid. We shall examine such returned equipment, and if it is
found to be defective as a result of defective materials or workmanship, it shall be repaired
or replaced as aforesaid. Our obligation does not include the cost of furnishing any labor in
connection with the installation of such repaired or replaced equipment or parts thereof, nor
does it include the responsibility or cost of transportation. In addition, instead of repairing
or replacing the equipment returned to us as aforesaid, we may, at our option, take back the
defective equipment, and refund in full settlement the purchase price thereof paid by Buyer.
The warranty shall not apply to any equipment (or part thereof) which has been tampered
with or altered after leaving our control or which has been replaced by anyone except us, or
which has been subject to misuse, neglect, abuse or improper use. Misuse or abuse of the
equipment, or any part thereof, shall be construed to include, but shall not be limited to, dam-
age by negligence, accident, fire or force of the elements. Improper use or misapplications
shall be construed to include improper or inadequate protection against shock, vibration, high
or low temperature, overpressure, excess voltage and the like, or operating the equipment
with or in a corrosive, explosive or combustible medium, unless the equipment is specifically
designed for such service, or exposure to any other service or environment of greater severity
than that for which the equipment was designed.
The warranty does not apply to used or secondhand equipment nor extend to anyone other
than the original purchaser from us.
THIS WARRANTY IS GIVEN AND ACCEPTED IN LIEU OF ALL OTHER WARRAN-
TIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
AND WARRANTIES OF FITNESS OR OF MERCHANTABILITY OTHER THAN AS
EXPRESSLY SET FORTH HEREIN, AND OF ALL OTHER OBLIGATIONS OR LIABILI-
TIES ON OUR PART. IN NO EVENT SHALL WE BE LIABLE UNDER THIS WARRAN-
TY OR ANY OTHER PROVISION OF THIS AGREEMENT FOR ANY ANTICIPATED
OR LOST PROFITS, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, TIME
CHANGES OR ANY OTHER LOSSES INCURRED BY THE ORIGINAL PURCHASER
OR ANY THIRD PARTY IN CONNECTION WITH THE PURCHASE, INSTALLATION,
REPAIR OR OPERATION OF EQUIPMENT, OR ANY PART THEREOF COVERED
BY THIS WARRANTY OR OTHERWISE. WE MAKE NO WARRANTY, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS
OR OF MERCHANTABILITY, AS TO ANY OTHER MANUFACTURER'S EQUIPMENT,
WHETHER SOLD SEPARATELY OR IN CONJUNCTION WITH EQUIPMENT OF OUR
MANUFACTURE. WE DO NOT AUTHORIZE ANY REPRESENTATIVE OR OTHER
PERSON TO ASSUME FOR US ANY LIABILITY IN CONNECTION WITH EQUIP-
MENT, OR ANY PART THEREOF, COVERED BY THIS WARRANTY.
| xi