Tec, Ltd. (the “Seller”) hereby
warrants to the initial end-user of the Equipment (as defined below) shall (a)
be free from all defects in material, workmanship and design during the
Warranty Period under normal use and service for the purpose intended, (b)
conform to all of the manufacturing Specifications specified below, and (c) be
fit for their intended purposes and operate as intended; all in accordance with
and subject to the terms and conditions of this Limited Warranty.
The Limited Warranty is
provided only to those defects and failures to conform that occur during the
Warranty Period, which is indicated below beginning on the date of purchase by the
initial end-user (the “Commencement Date”).
Steel weldments and brackets 1 year
Junction Banks 1 year
Load Cells 3
(a) The Seller shall have the option to repair or replace the Equipment.
order to obtain the Limited Warranty, a claim under this warranty must be
submitted to the Seller in writing within the Warranty Period.
(c) If requested by the Seller, a sample of the alleged
defective part or Equipment shall be shipped to the Seller at its manufacturing
facility or other location specified by the Seller, with freight PRE-PAID by
the claimant, to allow the Seller to inspect the part or Equipment. Subject to
any applicable regulatory or safety requirements applicable to the end-user or
the end-user’s facility, the Seller also reserves the right to inspect any Equipment
that is claimed to fail to satisfy the above warranty.
(d) Within a reasonable time after
notification of a valid claim, the Seller will, at the Seller’s expense, provide
replacement Equipment or repair the defective Equipment at the applicable
end-user during regular working hours. The repair or replacement of a defective
Equipment is the end-user’s exclusive remedy for breach of warranty. All replacement Equipment and repairs shall
be of a quality and suitability meeting the original warranty terms and shall
in turn be covered by a warranty no less favorable to the end-user than this
Limited Warranty. Shipment of
replacement equipment shall be prepaid by the claimant or billed direct to the
that fail to comply with any of the above terms and conditions shall be denied.
THIS LIMITED WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE BENEFIT OF THE END-USER, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND ANY WARRANTY BASED ON A COURSE OF DEALING OR USAGE OF TRADE.
DEFECTS RESULTING FROM MISUSE OR LACK OF
PROPER MAINTENANCE SHALL NOT BE CONSIDERED DEFECTS UNDER THIS LIMITED
IN NO EVENT SHALL THE SELLER BE LIABLE
FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL THE SELLER BE LIABLE TO
THE END-USER FOR ANY LOSS OR CLAIM IN AN AMOUNT IN EXCESS OF THE PURCHASE
PRICE, OR, AT THE OPTION OF THE SELLER, THE REPAIR OR REPLACEMENT, OF THE
PARTICULAR EQUIPMENT ON WHICH ANY CLAIM OF LOSS OR DAMAGE IS BASED. THIS LIMITATION OF LIABILITY APPLIES
IRRESPECTIVE OF WHETHER THE END-USER CLAIM IS BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE OR OTHER CAUSE AND WHETHER THE ALLEGED DEFECT IS
DISCOVERABLE OR LATENT.