Page 71 - Diamond Products Catalog

WARRANTY
Limited Warranty.
(a) Consumables. Boart Longyear warrants for a period of one (1) year after the date of shipment of the consumable products manufactured by it, or the performance of related services, under the Contract, that such consumable products are free from defects in materials and workmanship and such services are performed in a professional and workmanlike manner; provided, however, with respect to consumable products purchased through an authorized Boart Longyear distributor, the warranty period shall commence on the date of purchase by the end-user.
(b) Capital Equipment. Boart Longyear warrants that the capital equipment manufactured by it is free from defects in materials and workmanship for a period equal to the lesser of (i) one (1) year after the date of shipment, or (ii) the initial 1,000 operating hours. Boart Longyear warrants for a period of six (6) months after the performance of related services that such services are performed in a professional and workmanlike manner.
(c) General Terms. Boart Longyear further warrants that, to the extent applicable, as of
the date of shipment or performance, all goods manufactured by it and services performed
shall conform to the written specifications
agreed between the parties. THIS IS BOART LONGYEAR’S ONLY WARRANTY. BOART LONGYEAR MAKES NO OTHER WARRANTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
As a condition to Boart Longyear’s warranty obligations, Purchaser must: (i) contact Boart Longyear and request authorization to return any goods claimed to be defective promptly upon Purchaser’s discovery of the alleged defect,
(ii) upon receipt of an approved authorization code from Boart Longyear, return any goods claimed to be defective under the foregoing warranty, at Purchaser’s expense, to the facility designated by Boart Longyear, and (iii) with respect to consumable products purchased through an authorized Boart Longyear distributor, the party making the warranty claim must also deliver to Boart Longyear reasonable evidence of the date of purchase. Boart Longyear shall perform its examination of the goods so returned by Purchaser and shall report the results of
its examination to Purchaser within thirty (30) days following its receipt of such goods from
Purchaser, or, if longer time is required to complete such examination, within such time
as would be required through the exercise of reasonable diligence. As a further condition
to Boart Longyear’s obligations hereunder
for breach of warranty, Purchaser shall offer
its reasonable cooperation and assist Boart Longyear in the course of Boart Longyear’s review of any warranty claim. If requested by Purchaser, Boart Longyear will promptly repair or replace, at Boart Longyear’s expense, goods that are confirmed to be non-conforming as a result of Boart Longyear’s examination and according to Boart Longyear’s warranty as set forth herein. All removal and installation of goods shall be
at Purchaser’s expense; provided, however, Boart Longyear will reimburse the Customer for an amount equal to the reasonable expenses incurred by the Customer and attributable to
the removal and shipment of any defective goods. Boart Longyear reserves the right to reimburse Purchaser for an amount equal to
the purchase price of any defective goods
in lieu of providing repaired or replacement goods. Anything contained herein to the
contrary notwithstanding, in no event shall
Boart Longyear be liable for breach of warranty or otherwise in any manner whatsoever for: (i) normal wear and tear; (ii) corrosion, abrasion
or erosion; (iii) any goods, components, parts, software or services which, following delivery
or performance by Boart Longyear, has been subjected to accident, abuse, misapplication, modification, improper repair, alteration, improper installation or maintenance, neglect, or excessive operating conditions; (iv) defects resulting from Purchaser’s specifications or designs or those
of its contractors or subcontractors other than Boart Longyear; (v) defects associated with consumable parts or materials, the lifetime of which is shorter than the warranty period set forth in this Section; (vi) defects associated with Purchaser’s specifications or designs or those
of its contractors or subcontractors other than Boart Longyear; (vii) defects resulting from the manufacture, distribution, promotion or sale of Purchaser’s own products; or (viii) accessories
of any kind used by the Purchaser which are not manufactured by or approved by Boart Longyear.
© Copyright 2014 Boart Longyear. All rights reserved.
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