> Warranty and Guarentee

WARRANTY AND GUARANTEE

  1. Seller Warranty. Seller warrants the material and workmanship on new equipment and ULB spare parts for one (1) year after acceptance at Seller’s plant.
  2. Remedies. If a defect in material or workmanship is discovered in any of the goods or part thereof within twelve (12) months after final acceptance of the goods or within twelve (12) months after shipment of goods from Seller’s plant, whichever is first, Seller will replace or repair such part which is proven to the satisfaction of Seller to be defective.
  3. Warranty Conditions. This warranty is contingent upon the goods being promptly and properly installed, maintained and operated within the limits of related and normal usage under recommended conditions as specified by Seller and upon final payment for each phase. Warranty is contingent on all parts (especially replacement parts) being the correct ULB part number per Seller’s drawings. If Seller determines, after examination of the defective part, that the defect is due to misuse, improper maintenance or unauthorized alteration or repair, Seller will be entitled to deny the warranty claim and charge Buyer for the repair or replacement of that part. The warranty provided herein applies only if Buyer complies with all other terms and provisions of this warranty.
  4. Warranty of Replaced or Repaired Parts. Replacement or repair of parts by Seller will be accomplished diligently. In no event will the total system warranty be extended due to warranty issues regarding parts of the system.
  5. Labor Allowance. Seller shall have the sole right to specify the manner in which and the party by whom repair of the product is to be carried out. In the event of a warranty claim requiring labor to affect repair, Seller will have the option to carry out such repair by replacement of defective parts to the user location, or by return of the defective part to Seller’s plant for repair. Buyer shall be responsible for transportation and insurance of such equipment to and from Seller’s plant. Disassembly and reassembly shall be the responsibility of Buyer. In the event of replacement, defective parts will become the property of Seller. Seller reserves the right to determine the location and the personnel necessary to effect any corrective action during the warranty period.
  6. Claim Procedure. In all cases involving a warranty claim, within ten (10) days of discovering the defect, Buyer will submit a completed warranty claim form to Seller’s warranty administrator. Upon request from Seller, Buyer will return the defective part, freight prepaid, for confirmation that the part is defective. Seller may repair and return the defective part or replace it at Seller’s option. Seller will make its best effort to repair or replace the defective part within thirty (30) days from the date it receives the warranty claim.
  7. Limitation of Warranty. SELLER, OTHER THAN FOR SUCH REPAIR OR REPLACEMENT OF DEFECTIVE PARTS, SHALL HAVE NO OTHER LIABILITY, DIRECT OR INDIRECT OF ANY KIND, INCLUDING LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
  8. Service Representative. If during the warranty period, there are technical difficulties with the goods or installation, Seller will have a field service representative available to communicate with Buyer by telephone or telephone facsimile transmission to try to resolve the problem. If, after a reasonable period of trying to resolve the problem in this manner, the fault or difficulty is still unresolved, Seller may offer to send its service representative to the user site; all such expense shall be for the account of Buyer, at Seller’s prevailing field service rates.
  9. Shipping Costs. Buyer will be responsible for any government taxes, duties or fees on account of the import or export of any defective part, its return of the repaired part or replacement part. Seller will ship any repaired part or replacement part to customer- F.O.B. Seller’s plant, Wixom, Michigan USA.
  10. Resale or Lease of Equipment. This warranty is non-transferable without the express written consent of Seller’s authorized representative and Buyer shall notify Seller and purchaser/lessee of same. Seller’s only liability with respect to said equipment is as set forth in this warranty. In the event that Buyer fails to notify Seller and purchaser/lessee, Buyer agrees to indemnify Seller against any claims, demands, judgments, suits, costs, liabilities and expenses (including reasonable attorney’s fees) incurred by Seller as a result of such failure.
  11. Unauthorized Repairs. Unless otherwise agreed in writing signed by a duly authorized representative of Seller, if Buyer has repairs or modifications made to equipment covered by this warranty by a person other than an authorized ULB service representative, Seller shall not be liable for any expense incurred in connection therewith and the warranty provided herein shall automatically be terminated.
  12. Exceptions and Conditions. Seller has no obligation to repair or replace an industrial load bank or resistor or any parts thereof that exhibits a warranted characteristic that results exclusively from the following:
    • Foreign object damage (unless ingested at Seller’s facility)
    • Battle damage or combat damage
    • Act of God
    • Improper or negligent installation, operation or maintenance of the equipment (unless such actions were the result of Seller’s activity)
    • Installation or use of a part not identified as Seller’s documented part number for that application
    • Experimental tests applied to the equipment or parts thereof
    • Facility input (i.e., air, water, electricity) induced failures

    The warranty provided herein specifically excludes equipment and components that Seller purchases and resells as part of a system, product or spare part order. The warranties provided to Seller by the manufacturers of the foregoing equipment and components will, to the extent possible, be passed on to the Buyer. Consumable items including, but not limited to, lamps, filters, fuses and motor brushes are excluded from all warranties. Other items or components may be excluded from this warranty if so noted in the governing purchase order or contract.

  13. DISCLAIMER OF ALL OTHER WARRANTIES/LIMITATION OF LIABILITY. THIS WARRANTY COMPRISES SELLER’S SOLE AND ENTIRE WARRANTY OBLIGATION TO BUYER, ITS CUSTOMERS AND ASSIGNS IN CONNECTION THE EQUIPMENT SOLD, ASSIGNED, LEASED OR OTHERWISE DEALT WITH BY SELLER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL SELLER BE LIABLE IN CONTRACT, IN TORT, OR OTHERWISE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE EQUIPMENT OR DAMAGE TO ASSOCIATED EQUIPMENT, DAMAGE OR INJURY TO PERSONS OR PROPERTY, COST OF CAPITAL, COST OF SUBSTITUTE, OR TEMPORARY EQUIPMENT, DOWNTIME OR CLAIMS OF CUSTOMERS) ARISING OUT OF OR AS A RESULT OF BREACH OF WARRANTY, DEFECT IN MATERIAL OR WORKMANSHIP, OR ANY OTHER OBLIGATION OF SELLER HEREUNDER.