Terms of warranty
©2022 nVent
89217391 Rev. A
11
3
Terms of warranty
Damage or Loss in Transit
- Delivery of goods to a carrier at Seller's plant or
other shipping point shall constitute delivery. Regardless of freight payment, all risk
of loss or damage in transit shall pass to Buyer at that time. Buyer shall make
claims for loss or damage to goods while in transit against the carrier. Seller will
assist Buyer in securing satisfactory adjustment of such claims if notified within 15
days of receipt. Terms are F.O.B. point of origin.
Warranties
- For all products listed herein, Seller warrants goods manufactured by
it to be free from defects in materials and workmanship for a period of (1) year from
date of shipment from its plant. If within such period any such goods shall be
proven to Seller's satisfaction to be defective, then and in that event such goods
shall be repaired or replaced at Seller's option. Such corrections or replacement of
defective goods shall constitute a fulfillment of all liabilities in respect to such
goods. Under no circumstances will credit be allowed for unauthorized rework on
any materials. Connectors, hoses and barb fittings cannot be removed for any
reason, if removed warranty is null and void.
THE FOREGOING WARRANTIES
ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED
WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
EXCLUSIONS:
Seller’s obligations do not cover defects or losses caused by
normal wear and tear or deterioration, defects in or damage to any goods resulting
from improper installation, accident, shipping or any utilization, maintenance, repair
or modification of the
goods that is not consistent with Seller’s instructions or the
designed capabilities of the goods, the removal or re-installation of the goods, or
related non-Seller supplied products for repair or replacement unless such
installation is required by Seller
’s design or included on original invoice from Seller,
or that, in Seller’s sole judgment, the performance or reliability thereof is adversely
affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or
any damage caused by connections, interfacing or use in unforeseen, unintended
or detrimental environments, nor shall Seller be liable for any damages or loss,
including bodily injury or death, as a result of the aforementioned causes of loss
and/or defects. Seller does not warrant that the operation of the goods will be
uninterrupted or error-free products. Seller assumes no liability for non-Seller
supplied products or services furnished by Buyer to its customer nor does this
warranty cover any copy of or update to any user manual for the goods. Buyer is
fully and solely responsible for its selection of the goods purchased hereunder, and
Seller shall not be liable for Buyer’s failure to select goods that ultimately do not
meet Buyer’s application needs, or any damages resulting therefrom. Furthermore,
Buyer is solely and fully responsible for selecting goods that meet all applicable
legal and regulatory requirements and/or required classifications for its desired use
and application, and Seller shall not be responsible for any loss or damage,
monetary or otherwise, if the goods purchased by Buyer hereunder ultimately do
not meet such requirements and/or classifications.
Limitation of Liability
-
Seller’s total liability shall not exceed the price paid by
Buyer under the Agreement for the goods giving rise to the claim. Under no
circumstances shall Seller be liable for special, incidental, indirect, delay or
liquidated, punitive or consequential damages for any reason. Seller assumes no
obligation or liability for technical advice given or not given, or results obtained.
