MSA Permanent Instrument Warranty
1. Warranty- Seller warrants that this product will be free from
mechanical defect or faulty workmanship for a period of 18 months
from date of shipment, or one year from installation, whichever
occurs first, provided it is maintained and used in accordance with
Seller's instructions and/or recommendations. This warranty does
not apply to expendable or consumable parts whose normal life
expectancy is less than one year such as, but not limited to, non-
rechargeable batteries, filament units, filter, lamps, fuses etc. The
Seller shall be released from all obligations under this warranty in
the event repairs or modifications are made by persons other than
its own or authorized service personnel or if the warranty claim
results from physical abuse or misuse of the product. No agent,
employee or representative of the Seller has any authority to bind
the Seller to any affirmation, representation or warranty concerning
the goods sold under this contract. Seller makes no warranty
concerning components or accessories not manufactured by the
Seller, but will pass on to the Purchaser all warranties of
manufacturers of such components.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESSED, IMPLIED OR STATUTORY, AND IS STRICTLY
LIMITED TO THE TERMS HEREOF. SELLER SPECIFICALLY
DISCLAIMS ANY WARRANTY OF MERCHANT ABILITY OR OF
FITNESS FOR A PARTICULAR PURPOSE.
2. Exclusive Remedy- It is expressly agreed that Purchaser's sole
and exclusive remedy for breach of the above warranty, for any
tortious conduct of Seller, or for any other cause of action, shall be
the repair and/or replacement at Seller's option, of any equipment
or parts thereof, which after examination by Seller is proven to be
defective. Replacement equipment and/or parts will be provided at
no cost to Purchaser, F.O.B. Seller's Plant. Failure of Seller to
successfully repair any non-conforming product shall not cause the
remedy established hereby to fail of its essential purpose.
3. Exclusion of Consequential Damage- Purchaser specifically
understands and agrees that under no circumstances will seller be
liable to purchaser for economic, special, incidental or
consequential damages or losses of any kind whatsoever, including
but not limited to, loss of anticipated profits and any other loss
caused by reason of non-operation of the goods. This exclusion is
applicable to claims for breach of warranty, tortious conduct or any
other cause of action against seller.
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