EXCEPT AS MAY BE PROVIDED BELOW, ALL WARRANTIES BY SEMCO, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ALL OBLIGATIONS AND REPRESENTATIONS AS TO PERFORMANCE, INCLUDING ALL WARRANTIES THAT MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OR USAGE OF TRADE AND INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY SEMCO.
SEMCO warrants its products as follows:
1. LIMITED WARRANTY
Systems Engineering & Management Company (SEMCO) warrants equipment manufactured by SEMCO to be free from defects of material and workmanship when transported, stored, handled and used in compliance with SEMCO’s written materials. Any part or parts will be replaced or repaired, when proven by SEMCO examination to have been defective, within two (2) years from date of shipment to the original purchaser. All warranty repairs will be performed at the factory unless otherwise authorized by SEMCO in writing. Transportation charges shall be prepaid by the purchaser.
Limitation of Warranty. SEMCO’s sole liability under this Limited Warranty is limited to, at SEMCO’s sole option, either repairing or furnishing a replacement Product for the Product or portion of Product which is nonconforming, provided that SEMCO will have no liability whatsoever unless: (a) SEMCO is promptly notified in writing of nonconformance of any Product within the warranty period as provided above; (b) such Products are returned to SEMCO’s factory at Customer’s expense in a condition suitable for testing or, at SEMCO’s sole option, made available to SEMCO’s factory representative on site for testing; and (c) SEMCO’s examination of such items will disclose to its reasonable satisfaction that the Products are defective and such defective state has not been caused by misuse, misapplication, abuse, neglect, alteration, accident, improper storage, transportation, handling or installation, mechanical damage, an act of God or other causes occurring subsequent to the time of delivery of the Products to a carrier by SEMCO. Modification or repair of a Product by Customer or any other party not expressly authorized in writing by SEMCO will invalidate the above warranty. Any replacement will not extend the period within which such warranty can be asserted. The warranty in this Limited Warranty may be asserted by Customer only and not by Customer’s customers, end users or other third persons and applies only to Products used in the United States. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THIS WARRANTY CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO IT WITH REGARD TO DEFECTIVE PRODUCTS. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS STATUTORY, AND ALL OBLIGATIONS AND REPRESENTATIONS AS TO PERFORMANCE, INCLIDING ALL WARRANTIES WHICH MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OR USAGE OF TRADE AND INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY SEMCO. No agent, employee, officer or representative of SEMCO has any authority to make any affirmation, representation or warranty for SEMCO with respect to the Products other than as specifically provided in this Limited Warranty.
Customer Obligations. Customer will not return Products to SEMCO for warranty adjustment without first obtaining a “Return Authorization” from SEMCO. SEMCO will notify Customer if such Products are not subject to warranty adjustment and, unless disposition instructions as to such Products are received from Customer within five days of such notification, such Products will be returned to Customer freight, packing, insurance and other charges collect. Customer will not make any representations, or extend any warranties, expressed or implied, on behalf of or relating to SEMCO, relating to the use, effectiveness or safety of the Products. All sales and other agreements between Customer and its customers, end users or other third parties are the exclusive responsibility of Customer and any commitments made by Customer to such customers, end users and other third parties with respect to the delivery, performance, suitability or other matters relating to the Products are Customer’s sole responsibility except as may be expressly set forth in this Limited Warranty. Should SEMCO decide to provide, at any time or from time to time, an end user warranty, Customer will ensure that any such end user warranty is passed through with the Products to the end users. Any end user warranty would be solely for the benefit of the end user and become effective on the end user’s date of purchase.
This LIMITED WARRANTY does not extend to SEMCO equipment subjected to misuse, accident, neglect or improper application nor repaired or altered by other than SEMCO or those authorized by SEMCO in writing. This warranty is void if any seals are broken or removed without prior approval from SEMCO in writing.
SEMCO will transfer any third-party product warranties and indemnities authorized by the original manufacturer, including any transferable warranties and indemnities for intellectual property infringement. SEMCO warrants the products will conform to the original manufacturer’s specifications. SEMCO MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED. SEMCO MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-INFRINGEMENT. If third-party products do not meet original manufacturer’s specifications or if value-added work by SEMCO does not meet customer’s specifications the products will be, at SEMCO’s choice: (1) repaired, (2) replaced, or (3) refunded. Customer must return products to SEMCO, along with acceptable proof of purchase, within the warranty period specified by the original manufacturer; freight charges prepaid.
Limitation of Liability. If a Product defect or malfunction directly or indirectly causes any damages or injuries to persons or property, SEMCO’s liability to Customer will be limited solely to the repair or replacement of the Product, and even then only if the applicable warranty period described above has not expired. If a court of competent jurisdiction finds that any term, portion or clause of this Limited Warranty is unenforceable, SEMCO’s liability to Customer will be limited solely to an amount equal to SEMCO’s charge to Customer for the cost of the malfunctioning or defective Product. The damage limitations and the remedies stated in this Limited Warranty are exclusive and are Customer’s sole remedies. INDEPENDENTLY OF ANY OTHER LIMITATION OF THIS LIMITED WARRANTY, IN NO EVENT WILL SEMCO BE LIABLE FOR SPECIAL, INCIDENTAL EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES OR FOR LOSS OF ANTICIPATED PROFITS TO CUSTOMER, CUSTOMER’S CUSTOMERS, END USERS OR ANY OTHER PERSON.
This LIMITED WARRANTY is in lieu of all other warranties expressed or implied. SEMCO shall not be liable for collateral or consequential damages.
2. INTERNATIONAL WARRANTY
SEMCO’s warranty for products sold internationally is the same as the LIMITED WARRANTY.
3. OUT OF WARRANTY REPAIRS
SEMCO’s warranty for products returned to SEMCO for out of warranty repair is the same as the LIMITED WARRANTY, EXCEPT the repaired product’s warranty period is 90 days from the date of return shipment to the original purchaser. OUT OF WARRANTY REPAIRS will be quoted on an individual basis.