All surface analysis instruments sold by SPECS are warranted to the purchaser
against defects in workmanship and material in accordance with the terms set
below.
§1. Warranty Period and Limitation of Action
a. THE WARRANTY PERIOD OF 1 (ONE) YEAR WILL BEGIN ON THE COMPLETION DAY OF THE INSTALLATION.
b. IN ALL CASES, THE WARRANTY PERIOD SHALL EXPIRE NOT LATER THAN 15 (FIFTEEN) MONTHS FROM THE DATE THE EQUIPMENT ARRIVES AT THE CUSTOMER'S SITE.
c. ANY ACTION FOR BREACH OF THIS WARRANTY OR OTHER ACTION ARISING FROM IT, RELATED TO THIS WARRANTY MUST BE COMMENCED WITHIN 1 (ONE) YEAR FROM THE DATE THE CLAIM OR ACTION FIRST OCCURRED OR BE FOREVER BARRED.
d. IN-WARRANTY REPAIRED OR REPLACED PARTS ARE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD, OR 90 (NINETY) DAYS, WHICHEVER IS LONGER. REPAIR OR REPLACEMENT OF PARTS DOES NOT EXTEND THE ORIGINAL WARRANTY OF A SYSTEM.
§2. Warranty Coverage
a. This warranty applies to defects in material and workmanship for only those Products manufactured by SPECS. Upon the beginning of the warranty period, all customer's repairs or modifications shall be governed by the provisions of this warranty.
b. All labor, parts, and transportation costs of SPECS personnel during the warranty period are free of charge. All replaced parts become the property of SPECS.
c. After expiration of the warranty period SPECS will make available service for which the customer will be charged at the prevailing price for parts, labor and transportation.
§3. Warranty Exclusions
a. This warranty excludes from coverage such items as routine customer maintenance and adjustments or recalibrations due to normal wear-and-tear or long term electrical drift of the System.
b. SPECS will not warrant against faults or damage arising from natural wear-and- tear, faulty or careless treatment, accidents, faulty installation or set into operation by the customer or by a third party, subjection to stresses or vibrations greater than those described, use of unsuitable materials, faulty building work, improper maintenance schedule, inadequate utility service, or other influences not controlled by SPECS. SPECS reserves the right to determine if parts' failure is due to alteration by the customer or have failed due to the customer's environment.
c. Some parts, by reason of their material makeup, or by the way they are used, are considered consumable items and carry no warranty.
§4. Warranty Adjustment
a. All claims under warranty must be made promptly after occurrence of the problem and must be received within the warranty period by SPECS. These claims should include the following information: the product type, the serial number, and a full description of the problem.
b. SPECS reserves the right in its sole discretion to determine if the repair shall be made by sending a service engineer to the site, or authorizing the customer to return the part to SPECS. Any part returned to SPECS shall be sent prepaid via transportation means acceptable to SPECS at the expense of the customer. SPECS reserves the right to reject any warranty claim not promptly reported for any item which was altered or shipped by non-acceptable transportation means. The customer shall be responsible for all damages resulting from improper packing, handling, or loss in transit.
SPECS has sole responsibility for determining the cause and nature of the failure and that determination shall be final. If it is determined that the customer or third party attempted to alter or repair without the expressed written agreement of SPECS, this warranty is rendered null and void.
§5. Components
Components manufactured by SPECS are warranted to be free of defects in material and workmanship for a period of 1 (one) year from the date of shipment. If SPECS specifically agrees to provide installation at the customer's expense, the warranty period shall commence from the time of installation. All component warranties extended by SPECS are limited accordingly with the conditions and other provisions stated in this warranty.
§6. ATTENTION: Limitations and Disclaimer
THE SOLE REMEDY UNDER THIS WARRANTY SHALL BE REPAIR OR PRODUCT MALFUNCTIONS, WHICH IN THE SOLE OPINION OF SPECS ARE DUE TO DEFECTS IN MATERIAL OR WORKMANSHIP. SPECS MAY, AT ITS OPINION, ELECT TO
REPAIR OR REPLACE DEFECTIVE PARTS. THIS WARRANTY APPLIES ONLY TO THE COMPONENT PARTS MANUFACTURED BY SPECS; ACCESSORIES NOT MANUFACTURED BY SPECS WILL BE REPAIRED OR REPLACED ACCORDING TO THE ORIGINAL MANUFACTURER'S WARRANTY TERMS. SPECS HEREBY DISCLAIMS LIABILITY FOR FAILURE OF THE ORIGINAL MANUFACTURER TO PERFORM UNDER ITS OWN WARRANTY OBLIGATIONS.
OTHER THAN SPECIFICALLY PROVIDED FOR IN THIS WARRANTY, SPECS SHALL NOT BE LIABLE FOR ANY OTHER CLAIM OR LOSS RELATED TO THIS WARRANTY WHETHER SUCH CLAIM ARISES OR IS BASED ON CONTRACT, TORT, OR STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL LIABILITY EXCEED THE PAYMENT RECEIVED BY SPECS FOR THE PRODUCT EQUIPMENT OR COMPONENT PARTS MANUFACTURED BY SPECS.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, USE, OR APPLICATION. NO OTHER WARRANTIES, OBLIGATIONS, OR LIABILITIES SHALL BE EFFECTIVE UNLESS AGREED TO IN WRITING BY SPECS.
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