ALMETEK INDUSTRIES, INC. WARRANTY
WARRANTY COVERAGE. The purchaser is responsible for determining the suitability and adaptability of Almetek’s products for the purchasers intended use. Almetek warrants to any purchaser of Almetek’s products that the products will be free of defects in materials and workmanship for a period of six (6) months from the time of delivery by Almetek. (“Limited Warranty”)
The Limited Warranty does not apply if (1) Almetek’s products were exposed to harmful materials or chemicals, or (2) improper installation or handling or operation, misuse, accidental damages, modification or alteration of any to Almetek Products without the approval of Almetek Inc., or (3) Any acts of vandalism, nor damage incurred as a result of fire, nor acts of God such as lightening or storms.
THE LIMITED WARRANTY PROVIDED ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTY IS IN LIEU OF ANY OTHER LIABILITY OF OBLIGATION OF ALMETEK FOR LOSSES, EXPENSES, INCONVENIENCES OR DAMAGES (WHETHER SPECIAL, INDIRECT, SECONDARY, OR CONSEQUENTIAL) ARISING FROM OWNERSHIP OR USE OF THE GOODS. REPAIR, REPLACEMENT, OR CREDIT (AT ALMETEK’S OPTION) UPON RETURN OF THE GOODS IS PURCHASER’S SOLE REMEDY FOR ANY SUCH LOSSES, EXPENSES, INCONVIENANCES OR DAMAGES. PURCHASER HEREBY WAIVES ANY RIGHTS THAT IT MIGHT OTHERWISE BE ENTITLED TO IN CONNECTION WITH THE MATTERS COVERED
IN THIS PARAGRAPH.
ALMETEK’S OBLIGATION. Almetek will, at its discretion, repair, replace or credit the purchase price of any defective products, upon the Purchaser’s compliance with “Warranty Claims Procedure”.
WARRANTY CLAIM’S PROCEDURE. The Purchaser of any product claimed to be defective must: (1) notify Almetek of the defect, in writing within the warranty period of 6 months. (2) Provide proof of purchase, (3) if requested by Almetek, ship the defective product to Almetek for inspection, FOB Almetek. To obtain warranty service, contact the Customer Service Department for assistance in determining the nature of the problem and, if necessary, a return authorization number (RMA#). No shipments will be accepted without this RMA# printed clearly on all packages. Credits will not be issued prior to receipt and inspection of all returned goods.
NO CONSEQUENTIAL DAMAGES. Under no circumstances whatsoever shall Almetek Inc. be liable to Purchaser for any indirect, special, or consequential damages, whether foreseeable or unforeseeable and whether based upon lost goodwill, lost resale profits, loss of use of money, work stoppage, impairment or other assets, or otherwise and whether arising out of breach of warranty, breach of contract, strict liability in tort, negligence, misrepresentation, or otherwise, except only in the case of personal injury where applicable law requires such liability. Almetek will not be responsible for the cost of removal of defective products or the installation of repaired or replaced products.