This Limited Warranty Statement (this “Limited Warranty”) applies to all products and components of such products (the “Products”) sold by Weyland Group LLC d/b/a Phillips Precision or its representatives, authorized resellers, or distributors (collectively referred to herein as “Phillips Precision”). EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, PHILLIPS PRECISION MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY PRODUCTS SOLD BY IT.
Phillips Precision expressly disclaims all warranties and conditions not stated in this limited warranty. There are no warranties which extend beyond the description on the face hereof. Capitalized terms not otherwise defined herein shall have the meaning set forth in those certain Standard Terms and Conditions of Sale, as amended from time to time.
Phillips Precision warrants to customer that for ninety (90) days from the date of shipment of the Products by Phillips Precision (the “Warranty Period”), such Products purchased from Phillips Precision or its authorized affiliate will materially conform to the specifications set forth in the applicable specifications, if any, and are free from defects in materials and workmanship under normal use during the Warranty Period. As used herein, “normal use” means the intended use of the Products for which it was designed by Phillips Precision.
This Limited Warranty extends only to the original purchaser of the Products and is not transferable to anyone who obtains ownership of the Products from the original purchaser.
Replacement parts may be new or equivalent to new. Replacement parts are warranted to be free from defects in material or workmanship for thirty (30) days or for the remainder of the Warranty Period of the Products in which they are installed, whichever is longer.
During the Warranty Period, Phillips Precision will repair or replace the defective Products. All components or hardware products removed from the Products under this Limited Warranty become the property of Phillips Precision. All warranties are limited to the repair or replacement of the Products.
In no event shall Phillips Precision be liable for any special, consequential, incidental or indirect damages of any kind, including, without limitation, loss of profits, loss of data, “down-time,” loss of use or damage to other equipment, or personal injury or death, whether or not Phillips Precision has been advised of the possibility of such loss.
Notwithstanding anything to the contrary herein, Phillips Precision’s entire liability hereunder from any cause whatsoever and regardless of the form of action shall be limited to the amount of money actually received by Phillips Precision from customer regarding the Product to be repaired or replaced.
Phillips Precision shall not be liable for a breach of the warranty set forth in this Limited Warranty unless: (i) the customer gives written notice of the defect, reasonably described to Phillips Precision within thirty (30) days of the time when customer discovers or ought to have discovered the defect; (ii) Phillips Precision is given a reasonable opportunity after receiving the notice to examine such Products and customer (if requested to do so by Phillips Precision) returns such Products to Phillips Precision’s facility in Boylston, Massachusetts, unless otherwise approved by Phillips Precision; and (iii) Phillips Precision reasonably verifies customer’s claim that the Products are defective.
Subject to the foregoing, with respect to any such Products during the Warranty Period, Phillips Precision shall, in its sole discretion, either: (i) repair or replace such Products (or the defective part) or (ii) credit or refund the price of such Products at the pro rata contract rate provided that, if Phillips Precision so requests, customer shall, at Phillips Precision’s expense, return such Products to Phillips Precision.
The customer is responsible for all costs associated with packaging and shipping of the defective Products to Phillips Precision’s facility. Phillips Precision is not responsible for any loss or damage during shipment to Phillips Precision’s facility. Following repair or replacement of covered Products. Phillips Precision will assume responsibility for the costs associated with the return of the material to the customer to an address provided by the customer. Notwithstanding the foregoing, items returned to Phillips Precision’s facility and found to be operational or otherwise not covered by this Limited Warranty shall be returned to the customer at the customer’s expense.
This Limited Warranty does not apply to expendable parts. This Limited Warranty does not extend to any Products which have been damaged or rendered defective (a) as a result of accident, misuse, abuse, or external causes: (b) by the use of parts not manufactured or sold by Phillips Precision: (c) by modification or service by anyone other than (i) Phillips Precision, or (ii) your own installation of end-user replaceable Phillips Precision or Phillips Precision approved parts if available for the Products.
THE TERMS OF THE WARRANTIES CONTAINED HEREIN DO NOT IN ANY WAY EXTEND TO ANY PRODUCT OR PART THEREOF OR MATERIALS WHICH WERE NOT MANUFACTURED BY SELLER OR PREPARED BY SELLER OR ANY OF ITS AFFILIATES.
These terms and conditions constitute the complete and exclusive warranty agreement between the customer and Phillips Precision regarding the Products purchased. This Limited Warranty is applicable in all countries and may be enforced in any country where Phillips Precision or its authorized affiliates offer warranty service subject to the terms and conditions set forth in this Limited Warranty.
These terms and conditions supersede any prior agreements or representations (including representations made in Phillips Precision sales literature or advice given to the customer by Phillips Precision or an agent or employee of Phillips Precision) that may have been made in connection with the purchase of the Products. No change to the conditions of this Limited Warranty is valid unless it is made in writing and signed by an authorized representative of Phillips Precision.
THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY STATEMENT SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH HEREIN.