Warranty
WARRANTY
SELLER WARRANTS TO BUYER THAT (I) THE PRODUCTS SHALL BE SHIPPED FREE FROM DEFECTS IN MATERIAL, WORKMANSHIP AND TITLE AND (II) THE SERVICES SHALL BE PERFORMED IN A COMPETENT, DILIGENT MANNER IN ACCORDANCE WITH ANY MUTUALLY AGREED SPECIFICATIONS. UNLESS SELLER EXPRESSLY AGREES OTHERWISE IN WRITING, ANY ITEMS NOT MANUFACTURED BY SELLER (INCLUDING INCIDENTAL MATERIALS AND CONSUMABLES USED IN THE SERVICES) SHALL CARRY ONLY THE WARRANTY THAT THE ORIGINAL MANUFACTURERS PROVIDE, AND SELLER GIVES NO WARRANTY ON BEHALF OF THE MANUFACTURERS OF SUCH ITEMS.
Unless otherwise stated in the Contract, the warranty period for Products shall be one year from first use or 18 months from delivery, whichever occurs first, except that software are warranted for 90 days from delivery. If Services include installation or direction of installation of parts, the warranty period for each such part shall be one year after completion of installation or 18 months from the date of delivery, whichever occurs first. Unless otherwise stated in the Contract, the warranty period for Services shall be one year from completion. Software related Services, which shall have a warranty period of 90 days from completion
If Products or Services do not meet the above warranties, Buyer shall promptly notify Seller in writing within the warranty period. Seller shall thereupon (i) at Seller’s option, repair or replace the defective Products or (ii) re-perform the defective Services. If in Seller’s reasonable judgment the Product cannot be repaired or replaced or the Services cannot be re-performed, Seller shall refund or credit monies paid by Buyer for that portion of Products or Services that do not meet the above warranties. Any repair, replacement or reperformance by Seller hereunder shall not extend the applicable warranty period. The parties shall mutually agree on the specifications of any test to determine the presence of a defect.
Buyer shall bear the costs of access (including removal and replacement of systems, structures or other parts of Buyer’s facility), de installation, decontamination, reinstallation and transportation of Products to Seller and back to Buyer.
These warranties and remedies are conditioned upon (a) the proper storage, installation, operation, and maintenance of the Products and conformance with the proper operation instruction manuals provided by Seller or its suppliers or subcontractors, (b) Buyer keeping proper records of operation and maintenance during the warranty period and providing Seller access to those records, and (c) modification or repair of the Products or Services only as authorized by Seller. Seller does not warrant the Products or any repaired or replacement parts against normal wear and tear or damage caused by misuse, accident, or use against the advice of Seller. Any modification or repair of any of the Products or Services not authorized by Seller shall render the warranty null and void.
This Article provides the exclusive remedies for all claims based on failure of or defect in Products or Services, whether the failure or defect arises before or during the applicable warranty period and whether a claim, however described, is based on contract, warranty, indemnity, tort/extracontractual liability (including negligence), strict liability or otherwise. The warranties provided in this Article are exclusive and are in lieu of all other warranties and guarantees whether written, oral, implied or statutory. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLIES.
"Contract" means the documents that comprise the agreement between Buyer and Seller for the sale of Products or Services, including these Warranty Terms and Conditions and any other documents incorporated therein by reference, such as, the final quotation, the agreed scope(s) of work, and Seller’s order acknowledgement.