Warranty, Maintenance, & Troubleshooting; Msa Portable Instrument Warranty - MSA Altair Mode D'emploi

Chapter 5,
Warranty, Maintenance, and
Troubleshooting

MSA Portable Instrument Warranty

1. Warranty - MSA warrants that this product will be free from
mechanical defects and faulty workmanship for a period of
two (2) years from date of activation (given six months
storage maximum before actuation from the date of
manufacture or 18 hours total alarm time, whichever is first),
provided it is maintained and used in accordance with MSA's
instructions and/or recommendations. MSA shall be released
from all obligations under this warranty in the event repairs or
modifications are made by persons other than its own or
authorized service personnel or if the warranty claim results
from physical abuse or misuse of the product. No agent,
employee or representative of MSA has any authority to bind
MSA to any affirmation, representation or warranty concerning
the goods sold under this contract. THIS WARRANTY IS IN
LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED
OR STATUTORY, AND IS STRICTLY LIMITED TO THE TERMS
HEREOF. SELLER SPECIFICALLY DISCLAIMS ANY
WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
PARTICULAR PURPOSE.
2. Exclusive Remedy - It is expressly agreed that Purchaser's
sole and exclusive remedy for breach of the above warranty,
for any tortious conduct of MSA, or for any other cause of
action, shall be the repair and/or replacement at MSA's option,
of any equipment or parts thereof, which after examination by
MSA is proven to be defective. Replacement equipment
and/or parts will be provided at no cost to Purchaser, F.O.B.
MSA's Plant. Failure of MSA to successfully repair any
nonconforming product shall not cause the remedy
established hereby to fail of its essential purpose.
3. Exclusion of Consequential Damage - Purchaser specifically
understands and agrees that under no circumstances will
MSA be liable to Purchaser for economic, special, incidental
or consequential damages or losses of any kind whatsoever,
including but not limited to, loss of anticipated profits and any
other loss caused by reason of non-operation of the goods.
This exclusion is applicable to claims for breach of warranty,
tortious conduct or any other cause of action against MSA.
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