
9
Manufacturer’s Warranty Statement
Galvanic Applied Sciences Inc. (“Seller”) warrants that its products will be free from defects in
materials and
workmanship under normal use and service in general process conditions for 12
months from the date of
Product start-up or 18 months from the date of shipping from Seller’s
production facility, whichever comes first
(the “Warranty Period”). Products purchased by Seller
fromathirdpartyforresaletoBuyer("ResaleProducts")
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. Buyer must give Seller notice of any warranty claim prior to the end of the Warranty
Period. Seller shall not be responsible for any defects (including latent defects) which are reported
to Seller
after the end of the Warranty Period.
THIS WARRANTY AND ITS REMEDIES ARE IN LIEU OF ALL OTHER WARRANTIES OR
CONDITIONS
EXPRESSED OR IMPLIED, ORAL OR WRITTEN, EITHER IN FACT OR BY
OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OR CONDITIONS
OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WHICH SELLER
SPECIFICALLYDISCLAIMS.
Seller’s obligation under this warranty shall not arise until Buyer notifies Seller of the defect.
Seller’s sole
responsibility and Buyer’s sole and exclusive remedy under this warranty is, at
Seller’s option, to replace
or repair any defective component part of the product upon receipt
of the Product at Seller’s production
facility,transportationchargesprepaidoracceptthereturn
of the defective Product and refund the purchase
price paid by Buyer for that Product. If
requestedbyBuyer,Sellerwilluseitsbesteffortstoperformwarranty
services at Buyer’s facility,
as soon as reasonably practicable after notification by the Buyer of a possible
defect provided
that Buyer agrees to pay for travel time, mileage from the Seller’s facility or travel costs to
the
airport / train station closest to Buyer’s facility plus all other travel fees, hotel expenses and
subsistence.
Except in the case of an authorized distributor or seller, authorized in writing by Seller to
extend this
warrantytothedistributor’scustomers,thewarrantyhereinappliesonlytotheoriginal
purchaser from Seller
(“Buyer”) and may not be assigned, sold, or otherwise transferred to a
third party. No warranty is made
with respect to used, reconstructed, refurbished, or previously
owned Products, which will be so marked on
the sales order and will be sold “As Is”.
Limitations
These warranties do not cover:
•
Consumable items such as lamps.
•
Analyzer components which may be damaged by exposure to contamination or fouling
from the
process fluid due to a process upset, improper sample extraction techniques
or improper sample
preparation, fluid pressures in excess of the analyzer’s maximum
rated pressure or fluid
temperatures in excess of the analyzer’s maximum rated
temperature. These include but are not
limited to sample filters, pressure regulators,
transfer tubing, sample cells, optical components,
pumps, measuring electrodes,
switching solenoids, pressure sensors or any other sample wetted
components.
•
Loss, damage, or defects resulting from transportation to Buyer’s facility, improper or