FM-0026 Eastern OptX Equipment Limited Warranty
Eastern OptX warrants, under customary use and service, the Equipment to be free from defects in material and workmanship for a period of one year from the shipping date (Warranty Period), unless otherwise noted in the purchase agreement. Eastern OptX obligation under this warranty is limited to replacing or repairing, at Eastern OptX option, free of charge except for certain freight charges as described herein, any defective part or parts of the Equipment. If the Equipment is found not to be defective in material or workmanship, or in the event the warranty claim is invalid because of failure to comply with the provisions herein, Eastern OptX shall notify the customer and shall only repair or replace the Equipment parts at customer’s direction and expense. The warranty is inclusive of all features associated with the Equipment including software functionality, fixturing, interfaces, wiring, chassis, black-boxes and systems. Workmanship defects, software errors, design errors that results in premature work-product failure or inoperability will be corrected at no additional charge to the purchaser during the Warranty Period. In some cases, at the discretion of Eastern OptX, service will be supplied at the customer’s work site and will be covered by this Warranty. Warranties and extended warranties on applicable sub-systems and components supplied with or as part of the Equipment shall be passed to the purchaser without modification.
The warranty does not apply to any Equipment that has been subject to misuse, alteration, negligence, accident, shipping damage, improper installation, or improper operation, or that in any way has been tampered with or repaired by any person other than an authorized Eastern OptX service organization or any employee thereof, or to any Equipment whose serial number has been altered, defaced or removed. Annual certified calibration is not included in the warranty.
Eastern OptX shall not be liable for any delay or failure to repair or furnish a replacement part, including but not limited to, delays resulting directly or indirectly from any governmental restriction, priority, or allocation, or any other governmental regulatory order or action, nor shall Eastern OptX be liable for damages (direct, indirect, or consequential) by reason of the failure of the Equipment to perform properly. Eastern OptX performed repairs shall be warranted from defective material and workmanship for NINETY (90) DAYS or until the end of Warranty Period whichever is longer. Risk of loss or damage to Equipment returned to Eastern OptX for repair or replacement shall be borne by customer until delivery to Eastern OptX. Upon delivery of such Equipment, Eastern OptX shall assume the risk of loss or damage until such time as the Equipment being repaired or replaced is returned and delivered to customer. Customer shall pay all transportation costs for Equipment or software shipped to Eastern OptX for repair or replacement. Eastern OptX shall pay all transportation costs associated with returning repaired or replaced Equipment to customer.
This warranty shall, at Eastern OptX option, become void if the Equipment ownership is transferred, unless the prior owner or the proposed owner obtains approval from Eastern OptX of continuation of the warranty prior to the transfer of ownership.