40. Warranty

Dynamic Systems Inc. (“DSI”) hardware products are warranted against defects in materials and workmanship for one year. If DSI receives notice of such defects during the warranty period, DSI shall, at its option, either repair or replace hardware products which prove to be defective.

DSI’s software and firmware products which are designated by DSI for use with a hardware product, when properly installed on that hardware product, are warranted not to fail to execute their programming instructions due to defects in materials and workmanship. If DSI receives notice of such defects during the warranty period, DSI shall repair or replace software media and firmware which do not execute their programming instructions due to such defects. DSI does not warrant that the operation of the software, firmware or hardware shall be uninterrupted or error free.

DURATION AND COMMENCEMENT OF WARRANTY PERIOD: The warranty period for Gleeble Systems and accessories is one year. The warranty period begins either on the date of shipment or, where the purchase price includes installation by DSI, on the date of installation. If Buyer schedules or delays installation more than thirty (30) days after shipment, the warranty period begins on the thirty-first (31st) day from the date of shipment.

PLACE OF PERFORMANCE: Within DSI’s service travel areas, warranty and installation services for products installed by DSI and certain other products designated by DSI will be performed at Buyers facility and Buyer shall pay DSI round-trip travel expenses for such service.

On-site warranty services are provided only at the initial installation point. If products eligible for on-site warranty and installation services are moved from the initial installation point, the warranty will remain in effect only if Buyer purchases additional inspection or installation services at the new site.

Supervision of installation and on-site warranty services are available outside the country of initial purchase only if Buyer pays DSI’s international prices. If Buyer transports a product from the country of initial purchase without having paid DSI’s international prices, any remaining warranty covers parts and labor only, and applies only if the product is returned to DSI. However, Buyer may obtain on-site warranty service if the location is one where DSI can normally provide on-site service for the product and Buyer pays DSI’s established travel charges. Service outside the country of initial purchase is subject to the conditions regarding DSI’s service travel areas and initial installation point described above.

For product warranties requiring return to DSI, products must be returned to a service facility designated by DSI. Warranties requiring return to DSI are not limited to the country of purchase. Buyer shall prepay shipping charges (and shall pay all duties and taxes) for products returned to DSI for warranty service.

LIMITATION OF WARRANTY: The foregoing warranty shall not apply to defects resulting from -

  1. Improper or inadequate maintenance by Buyer;
  2. Buyer-supplied software or interfacing;
  3. Unauthorized modification or misuse;
  4. Operation outside of the environmental specifications for the product;
  5. Improper site preparation and maintenance;
  6. Operation using electrical power which does not meet specification.

THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. DSI SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.