24
Product Warranty
WARRANTY, DISCLAIMERS AND LIMITATION OF LIABILITY:
The Products are covered by the warranty set forth in the following paragraphs. The warranty is
extended only to the original purchaser of the Products directly from the Seller (or an authorized dealer
of Seller) as new merchandise. For a period of twelve (12) months from the date of original delivery to
Buyer, the Products manufactured by the Seller are warranted to be free from functional defects in mate-
rials and workmanship, provided they are operated under conditions of normal use, and that repairs
and replacements are made in accordance herewith. Products manufactured by third parties are war-
ranted only under the warranty provided by such third party manufacturer for such products. Seller does
not warrant bulbs. The foregoing warranties shall not apply to Seller’s Products or Products manufac-
tured by third parties that have been disassembled, altered or repaired (other than proper replacement of
bulbs) other than by Seller or if the Product has been subject to abuse, misuse, negligence or accident.
Seller’s sole and exclusive warranty obligation and Buyer’s sole and exclusive warranty remedy consists of
Seller, at its option, repairing or replacing free of charge Products manufactured by Seller: (a) which contain a
defect covered by the warranty; (b) which are reported in writing to Seller not later than seven (7) days after the
expiration of the twelve (12) month warranty period; (c) which are returned to Seller promptly after discovery of
the defect; and (d) which are found to be defective by Seller upon Seller’s examination. Buyer shall pay all trans-
portation charges. Products manufactured by third parties must be returned to Seller within thirty (30) days of
Seller’s invoice date for such Products. Products ordered by Buyer to be manufactured by Seller on a special order
basis may be returned under Seller’s warranty policy for repair or replacement but may not be returned for credit.
SELLER SHALL NOT BE OTHERWISE LIABLE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED
TO INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR SPECIAL DAMAGES OR FOR ANY
OTHER LOSS, DAMAGE PENALTY OR EXPENSE OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
LOSS OF PROFITS OR OVERHEAD REIMBURSEMENT, PERSONAL INJURY OR PROPERTY DAMAGE.
THE AFORESAID WARRANTY OBLIGATION OF SELLER CONSTITUTES ITS SOLE LIABILITY, AND,
UNDER NO CIRCUMSTANCES, SHALL THE MAXIMUM LIABILITY OF SELLER UNDER ANY LEGAL
THEORY (e.g. CONTRACT, WARRANTY, NEGLIGENCE, PROMISSORY ESTOPPEL, STRICT LIABILITY,
MISREPRESENTATION, TORT) AND FOR ANY REASON WHATSOEVER (e.g. DEFECT, DELAY OR
OTHERWISE) EXCEED THE PURCHASE PRICE OF THE DEFECTIVE PART, REGARDLESS WHETHER
THE CLAIM IS ASSERTED BY BUYER OR ANY OTHER PERSON OR ENTITY, THE LIABILITIES OF
SELLER, AS ABOVE SET FORTH, SHALL NOT BE EXTENDED BECAUSE OF ADVICE GIVEN BY IT IN
CONNECTION WITH THE DESIGN, INSTALLATION OR USE OF THE PRODUCTS OR PARTS THEREOF.
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHICH EXTEND BEYOND THE WARRAN-
TIES SET FORTH ABOVE, SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS OR ANY PARTS THEREOF.
© 2003,2012 GAMMEX 006885-00-08
Your warranty may be registered at http://www.gammex.com/warranty.asp
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