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Seller warrants its products for a period of two years from the date of shipment against defects in materials and workmanship under normal installation, use and maintenance as described in the operating instructions which accompany such equipment. During the warranty period, Seller will, at its option, as the exclusive remedy, either repair or replace without charge for material and labor, the part(s) which prove upon our examination to be defective, provided the defective unit is returned to us properly packed with all transportation charges prepaid.
Ultrasonic probes are guaranteed against defects for a period of one year from the date of shipment. A defective probe will be replaced once without charge, if failure occurs within the warranty period. Wear resulting from cavitation erosion is a normal consequence of ultrasonic processing , and is not covered by this warranty.
LIMITATION OF WARRANTY AND LIABILITY
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE SALE OF ITS PRODUCTS. SELLER HEREBY DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO PERSON OR COMPANY IS AUTHORIZED TO CHANGE, MODIFY, OR AMEND THE TERMS OF THIS WARRANTY IN ANY MANNER OR FASHION WHATSOEVER. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO THE PURCHASER OR TO ANY OTHER PERSON FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT OR PRODUCT RESULTING FROM ANY MALFUNCTION OR FAILURE OF THIS PRODUCT.
THIS WARRANTY DOES NOT APPLY TO EQUIPMENT THAT HAS BEEN SUBJECT TO UNAUTHORIZED REPAIR, MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. EQUIPMENT WHICH, IN OUR JUDGMENT, SHOWS EVIDENCE OF HAVING BEEN USED IN VIOLATION OF OPERATING INSTRUCTIONS, OR WHICH HAS HAD THE SERIAL NUMBER ALTERED OR REMOVED, WILL BE INELIGIBLE FOR SERVICE UNDER THIS WARRANTY.
PROBES SUPPLIED BY SELLER ARE MANUFACTURED TO EXACTING SPECIFICATIONS AND ARE TUNED TO VIBRATE AT A SPECIFIC FREQUENCY. USING AN OUT-OF-TUNE PROBE WILL CAUSE DAMAGE TO THE EQUIPMENT AND MAY RESULT IN WARRANTY NULLIFICATION. SELLER ASSUMES NO RESPONSIBILITY FOR CONVERTERS AND PROBES NOT SUPPLIED BY SELLER OR FOR CONSEQUENTIAL DAMAGES RESULTING FROM THEIR USAGE.
SELLER RESERVES THE RIGHT NOT TO WARRANT PROBES OF UNUSUAL OR EXPERIMENTAL DESIGN THAT, IN OUR JUDGMENT, ARE MORE LIKELY TO FAIL IN USE.
IT IS UNDERSTOOD AND AGREED THAT IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE COSTS OF RENTING REPLACEMENTS AND ADDITIONAL EXPENSES, RSULTING FROM SELLER’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF SELLER, OR OTHERWISE.