Any capitalized terms that are not defined, are as defined in the PolyPhaser. (the “Company”) Standard Terms and Conditions of Sale
Products: The Company warrants any Products manufactured by Company for the specific period set forth below from delivery to the Delivery Point (the “Warranty Period”) will be free from defects in material and workmanship for the Warranty Period.
Power Conditioning and Power Distribution Panels: For Company power conditioning products, power distribution panels and power cabinets, the applicable Warranty Period shall be one (1) year.
Surge Protection Devices: For Company surge protection device products (including, any surge protection devices branded “LEA,” “PolyPhaser,” or “Transtector Systems” the applicable Warranty Period shall be ten (10) years unless noted.
Services: The Company warrants that any Services to be performed shall be performed in accordance with recognized professional standards customary in the industry in which the Services are being performed. Should the Services fail to comply with such standards, Company agrees to re-perform such deficient Services provided that Company has received written notification within thirty (30) days following the completion of the specific Services giving rise to the claim.
The express warranties set in this Article shall be the only warranty given by Company with respect to the Product/Services provided.
For Third Party Products not manufactured by Company, Company’s only responsibility is to assign to its Customer any manufacturer’s warranty that does not prohibit such assignment.
Products and parts that are considered “self-sacrifice” or that are consumed in normal operation of the Product are not covered by this Warranty.
If the Customer discovers a defect within the applicable Warranty period, it must be reported in writing to Company’s service department immediately upon discovery.
Within a reasonable time after proper notification, Company shall, during its normal business hours, Monday through Friday, correct any defect covered by this warranty with either new or used replacement parts, without charge. The above remedies are the exclusive remedies of Customer, and the sole responsibility of Company, for breach of this warranty as to repaired or replaced Product. COMPANY’S LIABILITY FOR BREACH OF ANY WARRANTY SHALL BE LIMITED TO THE REMEDIES PROVIDED HEREIN.
The Warranties cease to be effective if Customer fails to operate and use the Product sold hereunder in a safe and reasonable manner in accordance with Company’s written instructions.
Customer shall not be entitled to any remedy under the Warranties with respect to:
Products that have been subjected to any alteration, disassembly, tampering, modification, or repair without prior authorization by Company;
Products subjected to experimental running or any type of operation or use other than that for which the Product/Services is designed;
Products from which Company and/or vendor’s trademark or serial number has been altered, removed, or obliterated without Company’s written permission, excluding any alteration, removal, or obliteration directly caused by accident or mishap;
Products that have been in storage or immobilized for one (1) year or more after delivery to the Delivery Point.
COMPANY MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED (EXCEPT WARRANTIES OF TITLE), AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT; AND THE EXPRESS WARRANTIES SET FORTH IN THIS ARTICLE ARE IN LIEU OF ANY SUCH WARRANTIES AND ANY OTHER OBLIGATION OR LIABILITY ON THE PART OF COMPANY.
The Warranties are non-transferable and are applicable only to the original Customer, or any Customer who has purchased the Products from an authorized Company reseller.