Section 4: Limited Warranty; Limited Warranty - Emerson TESCOM 04 Series Safety, Installation, Operations & Service

Safety, Installation, Operations & Service Manual
DOPSM2080X012

Section 4: Limited Warranty

4.1

Limited Warranty

Tescom Corporation ("Seller") warrants that the licensed firmware embodied in the goods
will execute the programming instructions provided by Seller, and that the goods manufac-
tured or services provided by Seller will be free from defects in materials or workmanship
under normal use and care until the expiration of the applicable warranty period. Goods
are warranted for twelve (12) months from the date of initial installation or eighteen (18)
months from the date of shipment by Seller, whichever period expires first. Consumables
and services are warranted for a period of 90 days from the date of shipment or comple-
tion of the services. Products purchased by Seller from a third party for resale to Buyer
("Resale Products") shall carry only the warranty extended by the original manufacturer.
Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable
commercial effort to arrange for procurement and shipping of the Resale Products. If buyer
discovers any warranty defects and notifies Seller thereof in writing during the applicable
warranty period, Seller shall, at its option, correct any errors that are found by Seller in
the firmware of services or repair or replace F.O.B. point of manufacture that portion of
the goods or firmware found by Seller to be defective, or refund the purchase price of the
defective portion of the goods/services. All replacements or repairs necessitated by inad-
equate maintenance, normal wear and usage, unsuitable power sources or environmental
conditions, accident, misuse, improper installation, modification, repair, storage or han-
dling, or any other cause not the fault of Seller are not covered by this limited warranty,
and shall be at buyer's expense. Seller shall not be obligated to pay any costs or charges
incurred by buyer or any other party except as may be agreed upon in writing in advance
by Seller. All costs of dismantling, reinstallation and freight and the time and expenses
of Seller's personnel and representatives for site travel and diagnosis under this warranty
clause shall be borne by buyer unless accepted in writing by Seller. Goods repaired and
parts replaced by Seller during the warranty period shall be in warranty for the remainder
of the original warranty period or ninety (90) days, whichever is longer. This limited war-
ranty is the only warranty made by Seller and can be amended only in a writing signed by
Seller. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH
RESPECT TO ANY OF THE GOOD OR SERVICES.
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Section 4
Rev. 06/15