Colletions of repairs:
All repairs must be collected within 3 months, if not collected it will be destroyed if not repaired or sold to defray cost.
All products installed must be send back to supplier with original invoice to be covered under warranty. Buyer acknowledges that ASTEK is a distributor of the goods. ASTEK makes no warranty whatsoever whether express or implied, in respect of the goods whether relating to their marketability, quality and/or fitness for purpose and/or any particular use. ASTEK will not be liable for any damages whatsoever in respect of any warranty relating to the goods, but ASTEK will make available to Buyer the published warranties of the supplier to the extent ASTEK has the right to such warranties. The published warranty given by affiliates of ASTEK which have manufactured the goods are set out below unless otherwise specified in writing to Buyer, all references to ASTEK below in this section are to the relevant ASTEK affiliate. Except as otherwise expressly provided herein, ASTEK warrants goods of its manufacture in all material respects to be free of defective materials and faulty workmanship and as conforming to applicable specifications and/or drawings. ASTEK may, without notice to Buyer, incorporate changes to goods that do not alter form, fit, or function. Commencing with Astek’s date of shipment, ADI's warranty shall run for the period specified on the face hereof or, if none be mentioned, 12 months. Non-complying goods must be returned within 7 calendar days of discovery of non-compliance. Goods returned to ASTEK will be repaired or replaced, at ASTEK’s option, and return-shipped at lowest cost, transportation prepaid. Goods subject to contamination, wear and tear or burnout through usage shall not be deemed defective because of such contamination, wear and tear or burnout. No warranty shall apply if, in the sole opinion of ASTEK or the manufacturer, the defect or damage was caused by or related to (i) maintenance, repair, installation, handling, packaging, transportation, storage, operation which is improper or otherwise not in compliance with ASTEK’S instructions; (ii) combination with other parts and/or products, alteration, modification to or repair of any goods other than by ASTEK, or resulting from Buyer’s acts, omissions, misuse, or negligence; (iii) accident, contamination, foreign object damage, abuse, or negligence after shipment or use; (iv) damage caused by failure of any item or service not supplied by ASTEK as part of the Order;. Repaired or replaced goods shall be warranted for the remainder of the unused warranty term or for 90 days from shipment, whichever is longer. It is Buyer’s responsibility to ensure that the Goods are fit for the application in which they are used. Software, if listed on the purchase order and/or quotation and/or used within the Goods and warranted by manufacturer, will be furnished on a medium that’s free of defect in materials or workmanship under normal use for so long as the hardware and/or system is under warranty. During this period, ASTEK will replace without charge any such medium it finds defective. As for the quality or performance of any software or data, they are supplied “AS IS” WITH NO WARRANTY. If ASTEK provides any services to the Buyer, including, but not limited to, training or assistance with configuration and installation of the Goods, ASTEK shall provide such services in accordance with reasonable industry practice at such rates as may be specified by ASTEK in its price list from time to time. ASTEK accepts no liability to the Buyer arising out of the provision of such services. The above warranties and conditions are sole and exclusive and no other warranties, liabilities and obligations of any kind, express or implied, including those of satisfactory quality and fitness for particular purpose, shall apply to the goods. ASTEK does not represent or warrant that the goods may not be compromised or circumvented or that the goods will prevent any personal injury or property loss, burglary, robbery, fire or otherwise; or that the goods will in all cases provide adequate warning or protection. Buyer understands that a properly installed and maintained alarm may only reduce the risk of burglary, robbery, fire or other events occurring without providing an alarm, but it is not an insurance or guarantee that such will not occur or that there will be no personal injury or property loss as a result. These warranties are for the benefit of the Buyer only and are not assignable or transferable.
12. LIMITATION OF LIABILITY
(a) In no event shall ASTEK be liable for (i) any indirect, incidental, consequential loss; (ii) any loss arising from business interruption; (iii) loss of profits; (iv) loss of revenue; (v) loss of use of any property or capital; (vi) loss of anticipated savings; or (vii) loss of data. ASTEK shall not be liable for any loss or damage where that liability arises as a result of its knowledge (whether actual or otherwise) of the possibility of any such loss or damage. (b) ASTEK’s liability in respect of any purchase order or otherwise under these terms and conditions shall in no case exceed the contract price of the specific goods that give rise to the claim. (c) These exclusions and limitations on damages shall apply regardless of how the loss or damage may be caused and against any theory of liability, whether based in contract, tort, indemnity or otherwise. (d) Neither party seeks to exclude or restrict its liability for: (i) death or personal injury resulting from negligence; (ii) fraud or (iii) any matter in respect of which, by law, it is not permitted to restrict its liability. (e) The Buyer shall indemnify ASTEK against claims, damages, losses, costs and expenses incurred by ASTEK as a result of either claims made against ASTEK by third parties arising out of the combination or use of the goods with any incompatible ancillary products that may be connected to the goods or any other matter for which ASTEK would not be liable to Buyer under these terms and conditions.
LIMITATIONS ON WARRANTY:
- BATTERIES: WARRANTY FOR 3 MONTHS ONLY ON DEFECTIVE MANUFACTURING IE: CORRODED TERMINALS, LEAKING BATTERY, - NOT ON DAMAGE DUE TO DISCHARGE OR OVERCHARING.
- SOLONOIDS NOT COVERED FOR DAMAGE DUE TO BURN OUT, OVERHEATING OR INCORRECTLY INSTALLED
- POWER SUPPLIES- NOT COVERED FOR BURN OUT, OVERHEATING, TRACK DAMAGE OR ALTERED IN ANY WAY