Operating Manual
Page 39
12. Warranty
Henkel expressly warrants that all products referred to in this Instruction Manual for
(IDH # Bonderite
®
process controller) (hereafter called “Products”) shall be free from
defects in materials and workmanship.Liability for Henkel shall be limited, as its option,
to replacing those Products which are shown to be
defective in either materials or
workmanship or to credit the purchaser the amount of the purchase price thereof (plus
freight and insurance charges paid therefor by the user). The purchaser s sole and exclusive
remedy for breach of warranty shall be such replacement or credit.
A claim of defect in materials or workmanship in any Products shall be allowed only when
it is submittedin writing within one month after discovery of the defect or after the
time the defect should reasonablyhave been discovered and in any event, within (12)
months after the delivery of the Products to the
purchaser. This warranty does not
apply to perishable items, such as (
indicate items
: fuses, filters, lights,etc.). No such claim
shall be allowed in respect of products which have been neglected or improperly
stored, transported, handled, installed, connected, operated, used or maintained. In the
event ofunauthorized modification of the Products including, where products, parts or
attachments for use inconnection with the Products are available from Henkel, the use
of products, parts or attachments whichare not manufactured by Henkel, no claim shall
be allowed.
No Products shall be returned to Henkel for any reason without prior written approval
from Henkel.Products shall be returned freight prepaid, in accordance with instructions
from Henkel.
NO WARRANTY IS EXTENDED TO ANY EQUIPMENT WHICH HAS BEEN ALTERED, MISUSED,
NEGLECTED, OR DAMAGED BY ACCIDENT.
EXCEPT FOR THE EXPRESS WARRANTY CONTAINED IN THIS SECTION, HENKEL MAKES NO
WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE
PRODUCTS.
ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
OTHER WARRANTIES OF WHATEVER KIND (INCLUDING AGAINST PATENT OR TRADEMARK
INFRINGEMENT) ARE HEREBY DISCLAIMED BY HENKEL AND WAIVED BY THE PURCHASER.
THIS SECTION SETS FORTH EXCLUSIVELY ALL OF LIABILITY FOR HENKEL TO THE PURCHASER IN
CONTRACT, IN TORT OR OTHERWISE IN THE EVENT OF DEFECTIVE PRODUCTS.
WITHOUT LIMITATION OF THE FOREGOING, TO THE FULLEST EXTENT POSSIBLE UNDER
APPLICABLE LAWS, HENKEL EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY
DAMAGES INCURRED DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE SALE OR USE OF, OR
OTHERWISE IN CONNECTION WITH, THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOSS
OF PROFITS AND SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER CAUSED BY
NEGLIGENCE FROM HENKEL OR OTHERWISE.
