Data Logger Manual
Page 35
Terms and Conditions
All products furnished by MadgeTech, Inc. (“Seller”) shall be in accordance with the following
terms and conditions unless otherwise stated in writing:
These Terms and Conditions (“Terms and Conditions”) govern (a) all sales quotations and
sales of components, equipment, parts, and other products (“Product”) from, and (b) all service
proposals and provisions of services by Seller to the buyer of the Products (“Buyer”). These
Terms and Conditions shall take precedence over any terms and conditions which appear on
Buyer’s order or other form or any other writing or electronic transmission from Buyer. Any
terms or conditions on any of Buyer’s forms, recordings, electronic transmissions, or orders
that are different from or in addition to these Terms and Conditions are specifically rejected.
Any modification to these Terms and Conditions must be agreed to and executed in writing by
Seller. Seller’s failure to object to provisions contained in any communication from Buyer shall
not be construed as a waiver of these Terms and Conditions or as an acceptance of any such
provision. Trade custom, trade usage and past performance are superseded by these terms and
conditions and shall not be used to interpret these terms and conditions. In the event that Prod-
uct includes software, the software is licensed to Buyer in object code form only in accordance
with Seller’s standard Software License Terms that are included below.
20. Limited Warranty.
A. Seller Manufactured Products and Seller Provided Services.
Seller warrants to Buyer that:
(i) Seller manufactured Software (as defined in Section 23 below) shall execute the program-
ming instructions provided by Seller, and
(ii) Seller manufactured Product and consumables and Seller provided services shall be free
from material defects in material and workmanship under normal uses and care, in each
case until the expiration of the applicable warranty period specified below
Seller manufactured Product is warranted for the shorter of twelve (2) months from the
date of initial installation or fifteen (5) months from the date of shipment by Seller. Seller man-
ufactured consumables and Software, and Seller provided services are warranted for a period of
ninety (90) days from the date of shipment or completion, as applicable. If Buyer discovers any
warranty defect and notifies Seller thereof in writing during the applicable warranty period, Sell-
er shall, at its option, promptly correct any defects that are found by Seller, or repair or replace
F.O.B. point of manufacture that portion of the Seller manufactured Products, consumables or
Software found by Seller to be defective, or refund the price of the defective portion of the Seller
manufactured Products, consumables or Software, or of the defective portion of the Seller pro-
vided services. All replacements or repairs necessitated by inadequate maintenance, normal wear
and usage, unsuitable power sources, unsuitable environmental conditions, accident, misuse,
improper installation, modification, repair, storage or handling, or any other cause not the fault
of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not
be obligated to pay any costs or charges incurred by Buyer or any other party except as may be
agreed upon in writing in advance by an authorized representative of Seller. All costs of disman-
tling, re-installation and freight, and the time and expenses of Seller’s personnel for site travel
and diagnosis under this limited warranty shall be borne by Buyer unless accepted in writing by
Seller. Seller manufactured Products, consumables and Software, and Seller provided services,
repaired, replaced or corrected during the applicable warranty period shall be in warranty for
the greater of the remainder of the applicable original warranty period or ninety (90) days.
THE FOREGOING STATES THE SOLE AND EXCLUSIVE WARRANTY AND LIABILITY OF SELLER.
FOR BREACH OF WARRANTY AND IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES
AND COVENANTS, EXPRESSED OR IMPLIED, IN REGARD THERETO. EXCEPT FOR THE EXPRESS
LIMITED WARRANTY SET FORTH IN THIS SECTION, SELLER DOES NOT MAKE AND HEREBY DIS-
CLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER,
