Time of Delivery: Shipment schedules are approximate and are based on conditions at the time of acceptance by Buyer. Seller shall in good faith attempt to effect delivery by the date specified, but shall not be responsible or liable for delays in or failure to make deliveries due to its ceasing to manufacture any product or to causes beyond its control.
Shipment: Buyer shall pay all shipping costs and bear the risk of loss after Seller completes delivery to the carrier. A charge will be made for any special packing required for overseas shipment or specified by Buyer. Shipments will be made in any reasonable manner in the discretion of Seller, unless other shipping instructions by Buyer are agreed to in writing by Seller.
Sales Tax: If applicable
Warranty: Seller warrants new equipment delivered under the Sales Contract against defective material and workmanship under normal use and application for a period of one year from the date of delivery to the original purchaser. Seller warrants used equipment and/or repairs delivered under the Sales Contract against defective material and workmanship under normal use and application for a period of 30 days, unless stated otherwise, from the date of delivery to the original purchaser. Under this warranty Seller’s sole obligation is to repair or replace, at the Seller’s discretion, the product or defective part thereof.
This warranty applies only to new products and does not apply to a product which has
been tampered with or altered in any way or which has been misused or damaged by accident or negligence or which as the serial number removed, altered or effaced, nor shall this warranty extend to a product installed or operated in a manner not in accordance with the applicable Instruction Manual, nor to a product which has been serviced or repaired other than by Seller or manufacturer of the equipment.
Lamps, bulbs, charts and other expendable items are not covered by this warranty.
All claims under this warranty must be in writing directed to Seller.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES IMPLIED OR EXPRESSED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. NO REPRESENTATIVE OR OTHER PERSON IS AUTHORIZED OR ALLOWED TO MAKE ANY OTHER OBLIGATION FOR SELLER.
SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES FROM ANY NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF, RESULTING FROM OR RELATING TO THE DESIGN, MANUFACTURE, SALE, USE OR HANDLING OF THE PRODUCT.
Buyer’s Exclusive Remedies: Except for Warranty claims, Buyer agrees that in the event of default by Seller in any of its obligations with respect to products delivered to Buyer from Seller, Buyer’s exclusive remedies shall be return of the equipment and repayment of the purchase price or replacement of the equipment delivered, the choice being at the sole discretion of Seller, provided, however, that these remedies in this Section shall not be available unless the Buyer notifies the Seller in writing of such a default within 90 days of the delivery of the equipment hereunder. Buyer agrees that Seller shall not be liable in the event of any such default for any incidental or consequential damages occasioned thereby.
Returns: Buyer agrees that no equipment may be returned to Seller without written approval from Seller, and Buyer agrees to adhere to a restocking charge of up to 30% ($25 minimum), plus shipping and handling may be charged on items returned within 30 days.
Seller’s Technical Assistance: Upon request and at its discretion Seller will furnish such technical advice and assistance as is available in reference to the use of its equipment by Buyer. Buyer agrees, however, that Seller assumes no obligation or liability with respect to the advice or assistance given or results obtained therefrom.