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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 permanent
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 desig-
nate, 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 equip-
ment 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or altered after leaving our control or which has been replaced by anyone except us, or which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, damage by negli-
gence, 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 ser-
vice, 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 WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION AND WARRAN-
TIES OF FITNESS OR OF MERCHANTABILITY OTHER THAN AS EXPRESSLY SET FORTH
HEREIN, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON OUR PART. IN NO
EVENT SHALL WE BE LIABLE UNDER THIS WARRANTY 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 PUR-
CHASE, INSTALLATION, REPAIR OR OPERATION OF EQUIPMENT, OR ANY PART THERE-
OF 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 EQUIPMENT, OR ANY PART THEREOF, COV-
ERED BY THIS WARRANTY.