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1.4.
Limited Warranty
LIMITED PRODUCT WARRANTY: Except as otherwise agreed to by EDDYFI in writing, products such
as instruments, mechanical products, spare parts, probes and cables are warranted, to the original
Customer only, for use solely by Customer or direct affiliate, against defects in material and
workmanship for a period of twelve (12) months from the date of delivery. Additional coverage may
be provided under any Hardware Maintenance Plan (HMP) purchased by the Customer. Probes and
cables are considered consumables and require periodic replacement due to wear. EDDYFI does not
warrant the service life of probes, cables and other consumables. EDDYFI does not warrant any
products against damages or defects caused by wear and tear, negligence, misuse, abnormal
operating conditions, alterations or damage caused by events beyond the control of EDDYFI. EDDYFI
shall not be liable for product defects caused by or resulting from any inaccuracies in any drawing,
description or specification supplied by the Customer. Upon Customers written request during the
warranty period, EDDYFI, at its choice, will repair or replace defective products within a reasonable
time. The original term of warranty applies, without extension, for repaired or replacement
products. All defective product shall be sent to EDDYFI freight prepaid by Customer in packaging
appropriate to prevent damage in transit. The Limited Product Warranty does not apply to periodic
calibration or minor maintenance as described in products operating manuals. All Customer paid
repairs performed by EDDYFI are warranted against defects in materials and workmanship for
ninety (90) days from the completion of repair. Upon Customer’s written notice of defect within
the ninety (90) day period, EDDYFI will replace the defective part(s) and/or re-perform the service.
This warranty is limited to failures in areas directly related to the repair performed. EDDYFI does not
warrant any non-EDDYFI products.
SOFTWARE: Any software related to the products is subject to specific Software License Agreement
or Software Subscription Agreement. The software is not sold but granted under a non-exclusive
and restrictive license. The software must be used with the software-enable hardware or software
key supplied by EDDYFI.
TECHNICAL SUPPORT: Eddyfi shall have no obligations to provide technical support and expertise
for i) Hardware Product that are not under a valid calibration certificate or under a valid Hardware
Maintenance Plan (HMP), and ii) Software that has not been updated to the latest version available
under a Software Subscription or a Software Maintenance Plan.
LIMITED SERVICE WARRANTY: EDDYFI agrees to perform service for Customer on the expressed
condition that EDDYFI’s sole obligation will be that the service will be performed in a professional
and competent manner and will be of the kind and quality described in the EDDYFI quotation.
EDDYFI does not warrant the fitness, suitability, or condition of Customer’s equipment upon which
EDDYFI services are performed. If there is a specific problem with the quality of the service
performed, Customer shall inform EDDYFI in writing and, if feasible, the service will be re-performed
at no additional charge. In the event corrective services are performed by EDDYFI, Customer must
provide adequate access to the equipment to allow EDDYFI to perform these services. Any additional
costs incurred to provide access to the equipment will be the responsibility of the Customer. If re-
performance of the service is not feasible, EDDYFI and Customer shall negotiate in good faith to
arrive at an equitable solution.
REGARDLESS OF WHETHER UNDER CONTRACT OR TORT, NEGLIGENCE, OR ANY OTHER LEGAL
THEORY, THE LIMITED PRODUCT AND SERVICES WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE
AND NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
