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United States | Canada | International 1. Contract Unless otherwise stated all sales transactions are expressly subject to these terms and conditions. Modification or additions will be recognized only if accepted in writing by an authorized Officer of James Instruments. Inc. (hereinafter referred to as “James” or the “Company”), or an officially designated representative. PROVISIONS OF BUYER'S PURCHASE ORDER OR OTHER DOCUMENTS THAT ADD TO OR DIFFER FROM THESE TERMS AND CONDITIONS ARE EXPRESSLY REJECTED. NO WAIVER OF THESE TERMS AND CONDITIONS OR ACCEPTANCE OF OTHERS SHALL BE CONSTRUED AS FAILURE OF THE COMPANY TO RAISE OBJECTIONS.
2. Warranties The Company only warrants the equipment manufactured or supplied by the Company as set forth herein. James makes no other warranties, either expressed or implied (including without limitation, warranties as to merchantability or fitness for a particular purpose). In no event shall James be liable for any type of special, consequential, incidental, or penal damages, whether such damages arise out of or are a result of breach of contract, warranty, negligence, strict liability or otherwise. Warranty shall not apply where the equipment manufactured or supplied has been subject to accident, alteration, misuse, abuse, improper storage, packing, force majeure, improper operation, installation, or servicing. In addition, the following shall constitute the sole and exclusive remedies of Buyer for any breach by James of its warranty hereunder.
a. New Products James warrants the equipment manufactured or supplied by James as set forth herein. This limited warranty can only be exercised by the original purchaser of the equipment from James or authorized James Agent and is not transferable to any subsequent owner or party. This limited warranty gives you specific legal rights, and you may also have other rights which vary from case to case.
i. For James Equipment James warrants that James's equipment will be free from defects in materials and workmanship for a period of twenty-four (24) months on the electronic portion and six (6) months on the mechanical portion from the date of shipment of equipment from James to Buyer. Should any defects be found and reported by the Buyer during the applicable limited warranty period, the defect will be corrected upon return of the item to James. James will, during the applicable new equipment warranty period, provide the necessary replacement parts and labor to correct the defect.
Excluded from the new equipment warranty are all consumable and wear and tear items such as impact bodies, penetrators, connection cables, etc. These items are subject to usual wear and tear during usage. Refer to the Consumable, Wear and Tear Items section of this warranty document.
Option For Extended Limited Warranty Coverage The original purchaser of any new equipment of James which have been identified or labeled by James from time to time in James's sole discretion as being eligible for extended warranty coverage shall have the option to purchase certain extensions of the applicable limited warranty provided hereunder to the electronic portion of any such items for either a twelve (12), twenty-four (24) or thirly-six (36) month period (up to a possible maximum limited warranty coverage period for the electronic portions of such new James equipment of sixty (60) months) by purchasing any such twelve (12), twenty-four (24) or thirty-six (36) month limited warranty extension period either all the time of the purchase of any such item(s) or within ninety (90) days from the date of delivery of the subject item(s) of the original purchaser of such item(s). The price for each such extended limited warranty coverage period shall be as determined by the Company from time to time and all such purchases of any extended warranty coverage periods shall only be effective upon a completed purchase order and payment directly between James and the original purchaser of any such item(s). The extended warranty coverage periods are only valid with respect to the original[a] purchaser of such item(s) from the Company and such extended warranty coverage is not transferable to subsequent owners of the subject item(s) or any other parties. Upon the purchase of any extended limited warranty coverage period, the Company will issue a certificate to Buyer evidencing the details of the applicable extended warranty coverage period purchased by the Buyer.[b]
ii. For Other Manufacturer's Products Supplied by James Products of other manufacturers supplied as such by James are warranted by James only to the extent of any warranty provided by the original manufacturer, if any.
iii. For Parts and Sub Assemblies Parts or sub assemblies purchased by the Buyer to perform its own repair work etc. are warranted as provided hereunder by James for six (6) months from date of shipment of material from James to Buyer.
iv. For Consumables, Wear and Tear Items James supplies consumable items and items subject to wear and tear during normal usage of James supplied products. These items are not covered under warranty. Buyer is to check for proper fit, form and function of such items upon receipt of such items. In case of a defect condition, Buyer can return the item to James for evaluation within thirty (30) days of the date of shipment to the Buyer. James reserves the exclusive right to issue full, partial, or no credit to the Buyer based on the condition of the returned item and circumstances related to the return. Examples of items in this category: connection cables, test blocks, impact bodies, penetrators, probes, extraction liquids, calibration liquids, pins, recording paper, test plugs, etc.
b. Calibration and Repair
i. For Calibration Services James does not warrant the calibration of any equipment. James does however warrant the equipment manufactured by it, in proper working condition, to be capable of being adjusted to meet James printed specifications, if any, for accuracy and performance as to the particular model type during the period of warranty applicable as stated above.[c]
ii. For Repair Services James warrants repair work performed under the direct control and supervision of James personnel for a period of three (3) months from the date repairs are completed either at James or at the customer site. Should the defect for which the repair work was performed reoccur within this period, James will supply the necessary parts and labor (repair at James facility) or parts (repair at Buyer facility) required to repair the original equipment defect for which the repair parts and labor were required. Additional repair charges that may be incurred in conjunction with any repair service warranty event will be invoiced at the James customer service rates and policies in effect at the time of the event.
Excluded are all consumable and wear and tear items such as impact bodies, probes, connection cables, etc. These items are subject to usual wear and tear during usage. Refer to the Consumable Wear and Tear Item section of this warranty document.
c. Warranty Claims
i. For Warranty Claim Processing James has established James organizations in the Americas, and Europe. Please visit the James web site www.ndtjames.com for latest address and contact information for the James organization nearest you.
3. Regulatory Laws and/or Standards The performance of the parties hereto is subject to the applicable laws of the United States. The Company takes reasonable steps to keep its products in conformity with various nationally recognized standards and such regulations, which may affect its products. However, the Company recognizes that its products are utilized in many regulated applications and that from time to time standards and regulations are in conflict with each other. The Company makes no promise or representation that its product will conform to any federal, provincial, state or local laws, ordinances, regulations, codes or standards except as particularly specified and agreed upon for compliance in writing as a part of the contract between Buyer and the Company. The Company prices can not include the cost of any related inspections or permits or inspection fees.
4. Notices Notice by either the Company or Buyer will be made only by facsimile or similar electronic transmission, effective on the first business day after confirmed receipt, or by letter addressed to the) other party at its address as provided in this Agreement, effective three (3) business days after deposit with the U.S. Postal Services, postage prepaid, or one (1) business day after deposit with a recognized overnight express service.
5. Interpretation Should any term or provision contained In the contract contravene or be invalid under applicable law, the contract shall not fail by reason thereof but shall be construed in the same manner as if such term or provision had not appeared therein.
6. Assignability Neither this contract nor any claim arising directly or indirectly out of or in connection herewith shall be assignable by Buyer or by operation of law, with out the prior written consent of Company. This document shall be binding upon and inure to the benefit of each party hereto and their respective permitted successors and assigns.
7. Governing Law This Agreement shall be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its conflict of laws provisions. Buyer and the Company expressly agree to submit to the personal jurisdiction of the federal and/or stale courts silting in Chicago, Illinois, U.S.A. and agree that such courts may be utilized if necessary to obtain injunctive or any other relief. The Hague Convention and the United Nations Convention on Contracts for the International Sale of Goods shall not apply to the construction or interpretation of these Standard Terms and Conditions or affect any of its provisions.
END.
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