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DRAFT 7/12/05 - MHz Electronics, Inc

DRAFT 7/12/05 - MHz Electronics, Inc

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SH-110 Dry Scroll Vacuum PumpWarranty<strong>DRAFT</strong> 7/<strong>12</strong>/<strong>05</strong>Products manufactured by Seller are warranted againstdefects in materials and workmanship for twelve (<strong>12</strong>)months from date of shipment thereof to Customer, andSeller's liability under valid warranty claims is limited, atthe option of Seller, to repair, to replace, or refund of anequitable portion of the purchase price of the Product.Items expendable in normal use are not covered by thiswarranty. All warranty replacement or repair of parts shallbe limited to equipment malfunctions which, in the soleopinion of Seller, are due or traceable to defects in originalmaterials or workmanship. All obligations of Sellerunder this warranty shall cease in the event of abuse,accident, alteration, misuse, or neglect of the equipment.In-warranty repaired or replaced parts are warranted onlyfor the remaining unexpired portion of the original warrantyperiod applicable to the repaired or replaced parts.After expiration of the applicable warranty period, Customershall be charged at the then current prices for parts,labor, and transportation.Reasonable care must be used to avoid hazards. Sellerexpressly disclaims responsibility for loss or damagecaused by use of its Products other than in accordancewith proper operating procedures.Except as stated herein, Seller makes no warranty,expressed or implied (either in fact or by operation oflaw), statutory or otherwise; and, except as stated herein,Seller shall have no liability under any warranty,expressed or implied (either in fact or by operation oflaw), statutory or otherwise. Statements made by any person,including representatives of Seller, which are inconsistentor in conflict with the terms of this warranty shallnot be binding upon Seller unless reduced to writing andapproved by an officer of Seller.Warranty Replacementand AdjustmentAll claims under warranty must be made promptly afteroccurrence of circumstances giving rise thereto, and mustbe received within the applicable warranty period bySeller or its authorized representative. Such claims shouldinclude the Product serial number, the date of shipment,and a full description of the circumstances giving rise tothe claim. Before any Products are returned for repairand/or adjustment, written authorization from Seller or itsauthorized representative for the return and instructionsas to how and where these Products should be returnedmust be obtained. Any Product returned to Seller forexamination shall be prepaid via the means of transportationindicated as acceptable by Seller. Seller reserves theright to reject any warranty claim not promptly reportedand any warranty claim on any item that has been alteredor has been returned by non-acceptable means of transportation.When any Product is returned for examinationand inspection, or for any other reason, Customer shall beresponsible for all damage resulting from improper packingor handling, and for loss in transit, notwithstandingany defect or non-conformity in the Product. In all cases,Seller has the sole responsibility for determining the causeand nature of failure, and Seller's determination withregard thereto shall be final.If it is found that Seller's Product has been returned withoutcause and is still serviceable, Customer will be notifiedand the Product returned at the Customer's expense;in addition, a charge for testing and examination may bemade on Products so returned.3/1/00iv

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