41
Warranty
WARRANTY, DISCLAIMERS AND LIMITATION OF LIABILITY
The Products described in this manual 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 Reseller) 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 materials 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 warranted 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
manufactured 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 transportation 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.
DISCLAIMER OF OTHER WARRANTIES
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHICH EXTEND BEYOND THE WARRANTIES SET
FORTH ABOVE. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE WITH RESPECT TO THE PRODUCTS OR ANY PARTS THEREOF.
The product warranty can be registered at
http://www.gammex.com/warranty.asp
.