Appendix D. Warranty
Warranty
PSC warrants to Customer that PSC's products will be free from defects in materials and workmanship for a period of 1 year from product shipment. In order to obtain service under this Warranty, Customer must notify PSC of the claimed defect before the expiration of the Warranty period and obtain from PSC a return authorization number for return of the product to designated PSC service center. If PSC determines Customer’s claim is valid, PSC will repair or replace product without additional charge for parts and labor. Customer shall be responsible for packaging and shipping the product to the designated PSC service center, with shipping charges prepaid. PSC shall pay for the return of the prod- uct to Customer if the shipment is to a location within the country in which the PSC service center is located. Cus- tomer shall be responsible for paying all shipping charges, duties, taxes, and any other charges for products returned to any other locations.
Warranty is subject to the limitations and exclusions set forth in the paragraphs that follow.
WARRANTY SET FORTH ABOVE IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUD- ING MERCHANTABILITY AND FITNESS.
Exclusions
Warranty coverage shall not apply to any claimed defect, failure or damage which PSC determines was caused by: improper use of product; failure to provide product maintenance, including but not limited to cleaning of the upper win- dow in accordance with product manual; installation or service of product by other than PSC representatives; use of product with any other instrument, equipment or apparatus; modification or alteration of product. External cables and replacement of upper window/cartridge due to scratching, stains or other degradation will not be covered under the Warranty. External power supplies returned for service must be accompanied by the original product for performance of service.
Limitation of Liability
PSC's REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCT AS SET FORTH ABOVE IS THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY ON ACCOUNT OF CLAIMS OF BREACH OF WARRANTY OR PRODUCT DEFECT. UNDER NO CIRCUMSTANCES WILL PSC BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR ANY INCIDENTAL, CONSEQUENTIAL
Assignment
Customer may not assign or otherwise transfer its rights or obligations under Warranty except to a purchaser or trans- feree of product. No attempted assignment or transfer in violation of this provision shall be valid or binding upon PSC.
Risk of Loss
Customer shall bear risk of loss or damage for product in transit to PSC. PSC shall assume risk of loss or damage for product in PSC's possession or product being returned to Customer by PSC, except such loss or damage as may be caused by the negligence of Customer, its agents or employees. In the absence of specific written instructions for the return of product to Customer, PSC will select the carrier, but PSC shall not thereby assume any liability in connection with the return shipment.
38 | Magellan® 2200VS/2200VSΩ |
