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8. WARRANTY
The sole and exclusive obligation of Aero HygenX (AHX) to the Customer for any Product
(including, without limitation, integral parts thereof not manufactured by AHX but
excluding bulbs, fuses, or parts made from glass construction) and services made by
AHX and sold hereunder are to be repaired, returned, or provided with a replacement
Product, at the sole option of AHX.
For any Product which has been returned to AHX under the Return Material Authorization
(RMA) procedure (as defined below) and is determined to be defective in workmanship,
material or not in compliance with the AHX specification applicable to the Product and
has in fact failed under normal use on or before one (1) year from the date of original
shipment, then the product will be repaired or replaced by AHX.
During the warranty period, any labour or travel costs associated with warranty services
performed at the Customer’s facility shall be at the Customer’s sole expense.
Replacement accessories or parts are warranted hereunder to be free from any material
defect in workmanship and materials for a period of thirty (30) days from the original date
of delivery.
All third parties’ products (including software) sold by AHX carry only the original
manufacturer’s warranty applicable to the Customer. Any Product repaired or replaced
under warranty is only warranted for the period of time remaining in the original warranty
for the Product. The warranty provided herein shall extend to any Product which has
proven to be defective and has failed through normal use but excludes and does not
cover any Products or parts thereof which have been accidentally damaged,
disassembled, modified, misused, used in applications which exceed the Product
specifications or ratings, neglected, improperly installed by the Customer or otherwise
abused or used in hazardous activities.
The Customer must claim under the warranty, in writing, not later than thirty (30) days
after the claimed defect is discovered. AHX warrants that services will be performed in a
good and workmanlike manner in accordance with standards reasonably applicable to
the services and will perform any services which AHX determines are not in compliance
with this warranty which the Customer advises AHX of in writing, on or before thirty (30)
days immediately following completion of the applicable service.
The Customer must make all claims under these warranties and no claim will be accepted
from any third party. Warranties hereunder are not transferable or assignable.
