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14 Chromalox 8003 User's Manual
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.
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
8003 Manual 4/27/06, 2:24 PM14