Chromalox 1603 User Manual download pdf (Page 38)

Warranty And Limitation Of Remedy And ReliabilityWarranty And Limitation Of Remedy And Reliability

Warranty And Limitation Of Remedy And Reliability

Chromalox warrants only that the Products and parts manufactured by Chromalox, when shipped, and the work

performed by Chromalox when performed, will meet all applicable specification and other specific product and

work requirements (including those of performance), if any, and will be free from defects in material and

workmanship under normal conditions of use. All claims for defective or nonconforming (both hereinafter called

defective) Products, parts or work under this warranty must be made in writing immediately upon discovery, and in

any event, with three (3) years from delivery, provided, however all claims for defective Products and parts must be

made in writing no later than three (3) years after shipment by Chromalox. Defective and nonconforming items must

be held for Chromalox’s inspections and returned to the original f.o.b. point upon request.

THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, EXPRESS, IMPLIED AND

STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE.Notwithstanding the provisions of this WARRANT AND LIMITATION

Clause, it is specifically understood that Products and parts not manufactured and work not performed by

Chromalox are warranted only to the extent and in the manner that the same are warranted to Chromalox by

Chromalox’s vendors, and then only to the extent that Chromalox is reasonably able to enforce such warranty, it

being understood Chromalox shall have no obligation to initiate litigation unless Buyer undertakes to pay all cost

and expenses therefore, including but not limited to attorney’s fees, and indemnifies Chromalox against any

liability to Chromalox’s vendors arising out of such litigation. Upon Buyer’s submission of a claim as provided

above and its substantiation. Chromalox shall at its option either (i) repair or replace its Products, parts or work at

the original f.o.b. point of delivery, or (ii) refund an equitable portion of the purchase price.

THE FOREGOING IS CHROMALOX’S ONLY OBLIGATION AND BUYER’S EXCLUSIVE REMEDY FOR BREACH OF

WARRANTY, AND IS BUYER’S EXCLUSIVE REMEDY AGAINST CHROMALOX FOR ALL CLAIMS ARISING

HEREUNDER OR RELATING HERETO WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, TORT

(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES. BUYER’S FAILURE TO SUBMIT A CLAIM

AS PROVIDED ABOVE SHALL SPECIFICALLY WAIVE ALL CLAIMS FOR DAMAGES OR OTHER RELIEF, INCLUDING

BUT NOT LIMITED TO CLAIMS BASED ON LATENT DEFECTS. IN NO EVENT SHALL BUYER BE ENTITLED TO

INCIDENTAL OR CONSEQUEN-TIAL DAMAGES AND BUYER SHALL HOLD CHROMALOX HARMLESS THEREFROM.

ANY ACTION BY BUYER ARISING HEREUNDER OR RELATING HERETO, WHETHER BASED ON BREACH OF

CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES, MUST BE COM-

MENCED WITHIN THREE (3) YEARS AFTER THE DATE OF SHIPMENT OR IT SHALL BE BARRED.W2008M

Return the defective part or product, freight prepaid, to:

Chromalox

1382 Heil-Quaker Blvd.

LaVergne, TN# 37086-3536

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Chromalox 1603 User Manual Page 38