H50/150 Smart
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User Manual
Page 6 of 32
Warranties and Liabilities
Seller warrants the products manufactured and sold by it, to be, for the period of warranty coverage, free
from defects of materials or workmanship under normal prior use and service. The period of warranty
coverage is specified for the respective products in the respective Seller instruction manuals for those
products but shall in no event exceed 1 year from the date of shipment thereof by Seller. Seller’s liability
under this warranty is limited to such of the above products or parts thereof as are returned, prepaid
transportation
to Seller’s plant, not later than 10 days after the expiration of the period of warranty
coverage in respect thereof and are found by Seller's examination to have failed to function properly
because of detective workmanship or materials and not because of improper installation or misuse and is
limited to, at Sellers election, either (a) repairing and returning the product or part thereof, or (b) improper
installation or misuse and is limited to, at Seller's election, either (a) repairing and returning the product
or part thereof, or (b) furnishing a replacement product or part thereof, prepaid transportation by Seller
in either case. In an event Buyer discovers or learns that a product does not conform to warranty, Buyer
shall immediately notify Seller in writing of such non-conformity, specifying in reasonable detail the nature
of such non-conformity. If Seller is not provided with such written notification, Seller shall not be liable
for any further damages which could have been avoided if Seller had been provided with immediate
written notification, this warranty is made and accepted in lieu of all other warranties, express or implied.
All other obligations and liabilities of Seller, whether in contrast or tort (including negligence) or otherwise,
are expressly excluded. In no event shall Seller be liable for any costs, expenses, or damages, whether
direct or indirect, special, incidental, consequential, or other, on any claim of any defective product, more
than the price paid by Buyer for the product including prepaid return transportation charges.
No warranty is made by Seller of any Seller product which has been installed, used or operated contrary
to Seller's written instruction manual or which has been subjected to misuse, negligence or accident or
has been repaired or altered by anyone other than Seller or which has been used in a manner or for a
purpose for which the Seller product was not designed nor against any defects due to plans or instructions
supplied to Seller by or for Buyer.