Warranty And Limitation Of Remedy And Reliability
Chromalox warrants only that the Products and parts manufactured by Chromalox, when shipped, and the work performed by Chromalox when performed, will meet all applicable specification and other specific product and work requirements (including those of performance), if any, and will be free from defects in material and workmanship under normal conditions of use. All claims for defective or nonconforming (both hereinafter called defective) Products, parts or work under this warranty must be made in writing immediately upon discovery, and in any event, within three (3) years from delivery, provided, however all claims for defective Products and parts must be made in writing no later than eighteen (18) months after shipment by Chromalox. Defective and nonconforming items must be held by Chromalox’s inspections and returned to the original f.o.b. point upon request. THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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Notwithstanding the provisions of this WARRANTY AND LIMITATIONS Clause, it is specifically understood that Products and parts not manufactured and work not performed by Chromalox are warranted only to the extent and in the manner that the same are warranted to Chromalox by Chromalox’s vendors, and then only to the extent that Chromalox is reasonably able to enforce such a warranty, it being understood Chromalox shall have no obligation to initiate litigation unless buyer undertakes to pay all cost and expenses therefore including but not limited to attorney’s fees, and indemnifies Chromalox against any liability to Chromalox’s vendors arising out of such litigation.
Upon buyer’s submission of a claim as provided above and in its substantiation, Chromalox shall at its option either
(i)repair or replace its Products, parts or work at the original f.o.b. point of delivery or (ii) refund an equitable portion of the purchase price.
The foregoing is Chromalox’s only obligation and buyer’s exclusive remedy for breach of warranty, and is buyer’s exclusive remedy against Chromalox for all claims arising hereunder or relating hereto whether such claims are based on breach of contract, tort (including negligence and strict liability) or other theories, buyer’s failure to
Chromalox 8003 User's Manual
