
SUMMARY OF TERMS AND CONDITIONS OF SALE
MECHANICAL WARRANTY: For a period of
twelve (12) months from the date of original ship-
ment to Purchaser thereof, the apparatus and each
part or component manufactured by Temescal, a di-
visionofTheBOCGroup,Inc.,hereinafterknownas
“Seller,” is warranted to be free from functional de-
fects in materials and workmanship. The foregoing
warranty is subject to the condition that the appara-
tus, part, or component be properly operated under
conditions of normal use, and that regular periodic
maintenance and service be performed, or replace-
ments made, in accordance with instructions pro-
vided by Seller. The foregoing warranty shall not
apply to any apparatus, part, or component that has
been repaired other than by Seller or an authorized
representative of Seller, or in accordance with writ-
ten instructions provided by Seller; that has been al-
tered by anyone other than Seller; or that has been
subject to improper installation or abuse, misuse,
negligence, accident, or corrosion.
Purchaser’s sole and exclusive remedy under the
abovewarrantyislimitedto,atSeller’soption,repair
or replacement of defective parts or components, or
returntoPurchaserofthepriceoftheapparatus. Any
such obligation on Seller’s part is subject to the fol-
lowing requirements: (x) the defect must be
promptly reported to Seller; (y) if so advised by
Seller, Purchaser must return the part or component
with a statement of the observed deficiency not later
than seven (7) days after the expiration date of the
warranty to the address designated by Seller, during
normal business hours, transportation charges pre-
paid; and (z) upon examination by Seller, the part or
component must be found not to comply with the
above warranty. Return trip transportation charges
forthepartorcomponentshallbepaidbyPurchaser.
In the event that Seller elects to refund the purchase
price, the apparatus shall be the property of Seller
andshallbepromptlyshippedtoSelleratSeller’sex-
pense. This mechanical warranty shall be void and
the apparatus shall be deemed to be purchased AS IS
in the event that the entire purchase price has not
beenpaidwithinthirty(30)daysoforiginalshipment
of the apparatus.
THERE ARE NO EXPRESS OR IMPLIED WAR-
RANTIES THAT EXTEND BEYOND THE WAR-
RANTY HEREINABOVE SET FORTH. THERE
IS NO WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE
WITH RESPECT TO THE APPARATUS OR ANY
PART OR COMPONENT THEREOF, AND NO
WARRANTY SHALL BE IMPLIED BY LAW.
ItemsnotofSeller’smanufacturebutresoldbySeller
are the products of other manufacturers and their
warranty, if any, shall apply. THERE ARE NO
WARRANTIES OF ANY KIND ON PRODUCTS
OF OTHER MANUFACTURERS RESOLD BY
TEMESCAL, EXCEPT THE WARRANTY OF TI-
TLE, AND NO WARRANTIES SHALL BE IM-
PLIED BY LAW. THERE IS NO EXPRESS OR
IMPLIED WARRANTY OF MERCHANTABIL-
ITYOR OFFITNESSFOR APARTICULAR PUR-
POSE WITH RESPECT TO PRODUCTS OF
OTHER MANUFACTURERS.
PERFORMANCE WARRANTY: Seller warrants
thattheapparatuswillcomplywiththespecifications
set forth in the purchase order. All specifications are
subject to the corrections and tolerances allowed by
the NEC. If the purchase order expressly provides
for factory testing to verify compliance with the
specifications, Purchaser shall be entitled to witness
the testing and the results of the testing. Upon dem-
onstration of compliance with the specifications by
factorytesting, Seller’sliability forfailure tocomply
with the specifications shall terminate. In the event
that the purchase order does not describe a compre-
hensive test program for demonstration of compli-
ance with the specifications, Seller’s test program
(which may incorporate extrapolation of data or test
results based upon similarity of criteria established
by Seller) shall be used for such purpose.
If the purchase order does not expressly provide for
factory testing, compliance with the specifications
shall be demonstrated by field testing which shall be
conducted by Purchaser at Purchaser’s expense.
Sellershallhavetherightto:(a)witnessthefieldtest-
ing and to verify the results of such field testing; (b)
STIH-270-2PT 0101-9004-0A iii