User manual

AC Adjustable Frequency Drives
Important Safety and Product Information
157
firmware Products furnished hereunder, when used with Seller-
specified hardware, will perform in accordance with published
specifications prepared, approved, and issued by Seller for a
period of one (1) year from the date of invoice from Seller or its
appointed distributor, as the case may be. Seller makes no
representation or warranty, express or implied, that the operation
of the software or firmware Products will be uninterrupted or error
free, or that the functions contained therein will meet or satisfy
Buyer's intended use or requirements.
(c) Non-Warranty Factory Remanufacture, Repair and Field
Exchange: Seller warrants that non-warranty factory
remanufactured or field exchanged hardware Products or repaired
hardware Product components will be free from defects in
material and workmanship for a period of one (1) year from the
date of invoice from Seller or its appointed distributor, as the case
may be. Repaired or replacement Products provided as a result of
this warranty subparagraph are warranted for a period of thirty
(30) days from the date of shipment to Buyer or the remainder of
the original warranty term, whichever is longer.
(d) Services: Seller warrants that Products comprised solely of
services (e.g., training, on-site repair, engineering and custom
application programming services) will be performed by
appropriately skilled personnel employed or retained by Seller.
(e) “Open Box” Products: Seller warrants that hardware Products
sold as “Open Box” (e.g., customer and distributor returns, factory
refurbished or reconditioned, etc.) will be free from defects in
material and workmanship for a period of ninety (90) days from
the date of invoice from Seller or its appointed distributor, as the
case may be. “Open Box” Products, while serviceable, may not
reflect the latest series or revision. Repaired or replacement
Products provided as a result of this warranty subparagraph are
similarly warranted for a period of thirty (30) days from the date
of shipment to Buyer or the remainder of the original ninety-day
warranty term for that particular Product, whichever is longer.
(f) Buyer Specifications/Compatibility: Seller does not warrant
and will not be liable for any design, materials, construction
criteria or goods furnished or specified by Buyer (including that
sourced from other manufacturers or vendors specified by Buyer).
Any warranty applicable to such Buyer-specified items will be
limited solely to the warranty, if any, extended by the original
manufacturer or vendor directly or indirectly to Buyer. Seller does
not warrant the compatibility of its Products with the goods of
other manufacturers or Buyer’s application except to the extent
expressly represented in Seller’s published specifications or
written quotation.
(g) Recyclable Materials: In keeping with environmental policies
and practices, Seller reserves the right to utilize in its product
manufacturing, repair and remanufacturing processes certain
recyclable materials (e.g., fasteners, plastics and the like) or
remanufactured parts equivalent to new in performance or parts
which may have been subject to incidental use. However, such
utilization will not affect any provided Product warranty or
published reliability statistics.
(h) Remedies: Remedies under the above warranties will be
limited, at Seller’s option, to the replacement, repair, re-
performance or modification of, or issuance of a credit for the
purchase price, of the Products involved, and where applicable,
only after the return of such Products pursuant to Seller's
instructions. Replacement Products may be new, remanufactured,
refurbished or reconditioned at Seller’s discretion. Buyer
requested on-site warranty service (consisting of time, travel and
expenses related to such services) will be at Buyer’s expense. The
foregoing will be the exclusive remedies for any breach of
warranty or breach of contract arising therefrom.
(i) General: Warranty satisfaction is available only if (a) Seller is
provided prompt written notice of the warranty claim and (b)
Seller’s examination discloses that any alleged defect has not been
caused by misuse; neglect; improper installation, operation,
maintenance, repair, alteration or modification by other than
Seller; accident; or unusual deterioration or degradation of the
Products or parts thereof due to physical environment or electrical
or electromagnetic noise environment.
(j) THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESSED,
IMPLIED OR STATUTORY, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR USE, OR PERFORMANCE OR APPLICATION
WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW. Rights under the above warranties (subject
to noted limitations) extend to Buyer’s customers if Buyer is a
Seller-appointed distributor for the Products.
Disclaimer and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, SELLER WILL NOT BE LIABLE FOR ANY BUSINESS
INTERRUPTION OR LOSS OF PROFIT, REVENUE,
MATERIALS, ANTICIPATED SAVINGS, DATA, CONTRACT,
GOODWILL OR THE LIKE (WHETHER DIRECT OR
INDIRECT IN NATURE) OR FOR ANY OTHER FORM OF
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OF ANY KIND. SELLER'S MAXIMUM CUMULATIVE
LIABILITY RELATIVE TO ALL OTHER CLAIMS AND
LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY
INDEMNITY, WHETHER OR NOT INSURED, WILL NOT
EXCEED THE COST OF THE PRODUCT(S) GIVING RISE TO
THE CLAIM OR LIABILITY. SELLER DISCLAIMS ALL
LIABILITY RELATIVE TO GRATUITOUS INFORMATION OR
ASSISTANCE PROVIDED BY, BUT NOT REQUIRED OF
SELLER HEREUNDER. ANY ACTION AGAINST SELLER
MUST BE BROUGHT WITHIN EIGHTEEN (18) MONTHS
AFTER THE CAUSE OF ACTION ACCRUES. THESE
DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL
APPLY REGARDLESS OF ANY OTHER CONTRARY
PROVISION HEREOF AND REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE,
AND FURTHER WILL EXTEND TO THE BENEFIT OF
SELLER’S VENDORS, APPOINTED DISTRIBUTORS AND
OTHER AUTHORIZED RESELLERS AS THIRD-PARTY
BENEFICIARIES. EACH PROVISION HEREOF WHICH
PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTY OR CONDITION OR
EXCLUSION OF DAMAGES IS SEVERABLE AND
INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE
ENFORCED AS SUCH.