One Year Installation Warranty
Below is an excerpt from the full “Terms and Conditions of Sale”:
“Lencore warrants to Buyer that for a period of one (1) year from the completion of any Equipment installation work performed by Lencore (the “Installation Warranty Period”), the installation work shall be (i) performed using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services, and (ii) free from faulty, defective or improper installation workmanship.
(c) EXCEPT FOR THE WARRANTIES SET FORTH IN Section 11(a) AND Section 11(b), LENCORE MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE EQUIPMENT OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, IN ANY CASE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(d) Products manufactured by a third party (“Third Party Product“) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Equipment. Third Party Products are not covered by the warranty in Section 11(a). For the avoidance of doubt, LENCORE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, IN ANY CASE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(e) Lencore shall not be liable for a breach of the warranties set forth in Section 11(a) and Section 11(b) unless: (i) Buyer gives written notice of the defective Equipment or Services, as the case may be, reasonably described, to Lencore within 30 days of the time when Buyer discovers or ought to have discovered the defect; (ii) if applicable, Lencore is given a reasonable opportunity after receiving the notice of breach of the warranty set forth in Section 11(a) to examine such Equipment and Buyer (if requested to do so by Lencore) returns such Equipment to Lencore’s place of business at Lencore’s cost for the examination to take place there; and (iii) Lencore reasonably verifies Buyer’s claim that the Equipment or Services are defective.
(f) Lencore shall not be liable for a breach of the warranty set forth in Section 11(a) or Section 11(b) if: (i) the defect arises because Buyer failed to follow Lencore’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Equipment; or (ii) Buyer alters or repairs such Equipment without the prior written consent of Lencore.
(g) Subject to Section 11(e) and Section 11(f) above, with respect to any such Equipment during the Equipment Warranty Period, Lencore shall repair or replace such Equipment (or the defective part) provided that, if Lencore so requests, Buyer shall, at Lencore’s expense, return such Equipment to Lencore. This limited warranty does not cover the costs of installing or reinstalling the repaired or replaced Equipment (or the defective part thereof), all of which costs which shall be borne by Buyer unless Lencore installed the Equipment and a proper warranty claim is submitted within one year of installation of the defective Equipment.
(h) Subject to Section 11(e) and Section 11(f) above, with respect to any Services, during the Installation Warranty Period, that are subject to a claim under the installation warranty set forth in Section 11(b), Lencore shall, in its sole discretion, (i) remove, repair, replace, or re-perform the applicable Services or (ii) credit or refund the price of such Services at the pro rata contract rate.
(i) THE REMEDIES SET FORTH IN Section 11(g) AND Section 11(h) SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND LENCORE’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN Section 11(a) AND Section 11(b), RESPECTIVELY.”