Warranty Terms and Conditions for Calmetrix Products
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ABSENT A SEPARATE WARRANTY ISSUED TO BUYER BY CALMETRIX, CALMETRIX EXPRESSLY WARRANTS THE EQUIPMENT MANUFACTURED AND THE SERVICES PERFORMED BY IT TO BUYER SOLELY AS SET FORTH HEREIN. CALMETRIX DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). THESE WARRANTIES MAY BE TRANSFERRED TO A SUBSEQUENT PURCHASER OF THE EQUIPMENT ONLY WITH THE PRIOR WRITTEN CONSENT OF CALMETRIX. IN ADDITION, THE FOLLOWING SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES OF BUYER FOR ANY BREACH BY CALMETRIX OF ITS WARRANTY HEREUNDER.
A. PRODUCT – Calmetrix warrants that the equipment covered by this warranty will be free from defects in workmanship and materials, under normal use, for a period of 12 months from the date of shipment to Buyer. Should any such defects be found and reported during the term of the warranty, Calmetrix will, at its option, refund the purchase price or correct such defects, furnishing replacement parts and labor free of charge to Buyer.
B. SOFTWARE – Calmetrix warrants that software developed by Calmetrix will perform substantially the functions described in the software documentation when properly installed. Calmetrix does not warrant that the software is error-free, that Buyer will be able to operate the software without interruption, or that the software will be free of vulnerability to intrusion or attack. The terms and conditions of the respective end user license agreement of Calmetrix shall apply exclusively. If no end user license agreement is applicable, the warranty period will be 90 days from the date of purchase by Buyer.
C. SERVICE – Calmetrix warrants that services will be performed in a workmanlike manner in conformity with standard industry practice. Should any nonconformity be detected within 30 days after the work is completed and prompt notification is made by Buyer in writing to Calmetrix, Calmetrix will supply the necessary service, direction or consultation to correct the nonconformity.
D. GENERAL – The foregoing warranties are further subject to the following general conditions: (1) Consumables, accessories, normal wear and tear, wear parts and perishables are expressly excluded from the foregoing warranties. (2) If Buyer requests the performance of warranty work provided for under the foregoing warranties during other than normal Calmetrix work periods, Buyer will be required to pay for all premium time. (3) These warranties will not apply where Calmetrix’s equipment and/or software has been subjected to: accident, alteration, misuse, abuse, failure on the part of Buyer to ensure proper storage, operation and/or maintenance, installation or servicing by other than Calmetrix authorized personnel, the addition or supply of equipment not approved for incorporation into Calmetrix’s product, integration into the Buyer’s environment, or Buyer/ third party supplied software or interfacing. (4) Calmetrix does not warrant the calibration of any calorimeter. (5) Products of other manufacturers sold by Calmetrix as such are warranted by Calmetrix solely to the extent of any remaining warranty provided by the original manufacturer. (6) In the event equipment is repaired by Calmetrix, the performance of such repair work will not extend existing nor generate new warranty coverage for the equipment as a whole or for those parts not repaired or replaced by Calmetrix.
E. METHODS OF CORRECTION OF DEFECTS DURING WARRANTY – To correct defects Calmetrix may attempt to diagnose and resolve the defect over the telephone or electronically. When Buyer contacts Calmetrix for warranty work, it must follow the problem determination, resolution and procedure that Calmetrix specifies. At any time following or to assist in problem determination, Calmetrix may require return of the part or product to depot for service. If Calmetrix determines on-site work is required, a service technician will be scheduled for on-site work. If Buyer gives notice of a defect to Calmetrix and requests Calmetrix for on-site work when the defect could have been remedied remotely, or if Calmetrix responds to Buyer’s notice of defect and no defect is found for which Calmetrix is liable, Calmetrix shall be entitled to compensation for any work performed and costs it has incurred as a result of Buyer’s request. Calmetrix encourages Buyer to use available remote support technologies. Failure to install and use available remote connectivity tools and equipment for direct problem reporting, remote problem determination and resolution may result in increased response-time and additional costs to Buyer. If deemed necessary by Calmetrix, the faulty equipment will have to be sent to Calmetrix’ Repair Center located in Boston, USA. The Warranty covers repair or replacement costs only. Shipping to and from the Calmetrix Repair Center is not included and shall be the responsibility of the Buyer.