defects caused by or attributable to the Buyer, including
without limitation Buyer’s failure to comply with any written
instructions provided to Buyer by SKF.
SKF shall be free to conduct such tests, investigations
and analysis of the Products returned to SKF, as it deems
reasonable and proper in the exercise of its sole judgment.
As a further condition to SKF’s obligations hereunder,
Buyer shall offer its reasonable cooperation to SKF in the
course of SKF’s review of any warranty claim, including,
by way of example only, Buyer’s providing to SKF any and
all information as to service, operating history, mounting,
wiring, or re-lubrication of the Product which is the subject
of the Buyer’s warranty claim.
EXCEPT WARRANTY OF TITLE AND FOR THE
WARRANTIES EXPRESSLY SET FORTH IN HEREIN,
IT IS UNDERSTOOD AND AGREED THAT: (a) SKF
MAKES NO OTHER WARRANTY, REPRESENTATION OR
INDEMNIFICATION, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (b)
IN NO EVENT SHALL SKF BE LIABLE OR OBLIGATED
FOR SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL,
DIRECT, INDIRECT, GENERAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, BY WAY OF EXAMPLE ONLY,
LOST PROFITS OR SAVINGS, LOSS OF BUSINESS
OR LOSS OF USE) OR ANY OTHER LOSS, COST OR
EXPENSE IN CONNECTION WITH THE PRODUCTS AND
RELATED SERVICES, IF ANY, PROVIDED BY SKF, AND
THIS DISCLAIMER SHALL EXTEND AS WELL TO ANY
LIABILITY FOR NONPERFORMANCE CAUSED BY SKF’S
GROSS OR ORDINARY NEGLIGENCE, AND IN ALL CASES
REGARDLESS OF WHETHER OR NOT ANY OF THE
FOREGOING WERE FORESEEABLE OR THAT SKF WAS
ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES,
LOSS, COST, OR EXPENSE; AND (c) NO PERSON HAS
BEEN AUTHORIZED BY SKF TO MAKE ANY FURTHER
OR CONTRARY INDEMNITIES, REPRESENTATIONS OR
WARRANTIES ON BEHALF OF SKF. THE FOREGOING
LIMITATIONS AND DISCLAIMERS OF LIABILITY SHALL
BE MADE APPLICABLE TO THE SALE OF ANY PRODUCT
BY SKF TO THE FURTHEST EXTENT PERMITTED BY
APPLICABLE LAW.
The exclusive remedies provided in this limited warranty
shall not be deemed to have failed of their essential
purpose so long as SKF is willing and able to perform to
the extent and in the manner prescribed in this limited
warranty.
® SKF, MARLIN, Microlog and Multilog are registered trademarks of the SKF Group.
CM-F0001 (Revision P, 12-07)
Criteria 2. SKF or its authorized service representative
has installed the On-line System or has audited
the installation and commissioned the On-line
System.
“On-line Systems” are defined as systems consisting of
Multilog Condition Monitoring Unit(s) (CMU), Multilog
Local Monitoring Unit(s) (LMU), and any sensing or input
devices, the interconnect cabling between the sensing
or input devices and the Multilog Condition Monitoring
Unit(s) (CMU), Multilog Local Monitoring Unit(s) (LMU),
and the cabling between the Multilog Condition Monitoring
Unit (CMU), Multilog Local Monitoring Unit (LMU) and the
proprietary SKF communications interface with the host
computer.
FIVE-YEAR WARRANTY
Products warranted for five (5) years by SKF are as follows:
all standard seismic sensors (accelerometers and velocity
transducers).
OTHER SKF PRODUCTS
Any SKF product supplied hereunder but not covered
by this limited warranty shall be either covered by the
applicable SKF limited warranty then in place for such
product or, if no such warranty exists, shall be covered by
the 90-day warranty stated above.
THIRD PARTY PRODUCT WARRANTIES
For any third party products sold to Buyer by SKF, SKF will
transfer to Buyer any warranties made by the applicable
third party product vendor to the extent such warranties
are transferable.
CONDITIONS
As a condition to SKF’s warranty obligations hereunder and
if requested or authorized in writing by SKF, Buyer shall
forward to SKF any Product claimed by Buyer as being
defective. Buyer shall prepay all transportation charges to
SKF’s factory or authorized service center. SKF will bear
the cost of shipping any replacement Products to Buyer.
Buyer agrees to pay SKF’s invoice for the then-current
price of any replacement Product furnished to Buyer by
SKF, if the Product that was replaced is later determined by
SKF to conform to this limited warranty.
SKF shall not be obligated under this limited warranty or
otherwise for normal wear and tear or for any Product
which, following shipment and any installation by SKF
(if required by the contract with the Buyer), has, in
SKF’s sole judgment, been subjected to accident, abuse,
misapplication, improper mounting or remounting,
improper lubrication, improper repair or alteration, or
maintenance, neglect, excessive operating conditions or for
Limited Warranty
vi
SKF Reliability Systems – Limited Warranty (continued)