Manufacturer warrants its Products to be free from material defects in material and workmanship, to the extent such Products do not comply with the Specifications, under normal use for the warranty period. Unless otherwise set forth in a warranty statement covering the Products to be delivered by Manufacturer, the warranty period shall commence on the delivery of the Products to the End User and shall continue for a period of eighteen months.
- The warranties set out here apply to defects that appear under the conditions of operations provided for by the Agreement and in particular do not apply in any of the following cases:
a. Products have been altered or repaired by anyone other than Manufacturer without Manufacturer’s prior written consent.
b. Products have been damaged by circumstances beyond the reasonable control of Manufacturer.
c. Products have been improperly used or maintained by the Distributor or End User.
d. Products have been subject to conditions of use and/or maintenance not in conformity with Manufacturer’s instructions.
e. Products have been damaged by: abuse; improper installation or application; or negligence in use, improper storage, transportation or handling.
- If the Manufacturer determines that the Products are defective, Manufacturer shall, at its option (i) repair the defective Products in situ; or (ii) have the defective Products or parts thereof returned for repair; or (iii) replace the defective Products; or (iv) with Distributor agreement, replace the defects parts of the Products to enable the Distributor to carry out the necessary repairs at Manufacturer’s expense and instructions; or (v) credit the relevant portion of the Product related invoice accordingly. Manufacturer shall at all times have the right to inspect the Products claimed to be defective and shall have the right to determine the cause of such alleged defect.
- The warranty as set out in these Warranty Provisions does not cover transportation costs for return of Products and/or parts thereof. The warranty covers the transportation costs for reshipment of the repaired or replaced Products and/or parts thereof to the Distributor or End User. Repair or replacement deliveries do not interrupt or prolong the warranty period.
- Manufacturer will not accept the return of any Products unless it has given prior written authorization to the Distributor. Manufacturer shall establish in advance a simple process for Distributor to secure return authorization and upon request for return authorization by Distributor or End User, Manufacturer will respond within 2 business days.
- The warranty conditions laid down in these Warranty Provisions are in lieu of all other warranties, legal express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose, all of which are hereby expressly disclaimed.