Glassman High Voltage, Inc. (“Glassman”) provides a limited warranty in lieu of all other warranties. Buyer’s exclusive remedies in the event of a defect are limited to repair, replacement, or at Glassman’s discretion, refund of the purchase price. The terms of the limited warranty and the Buyer’s remedies are described below.
Glassman warrants its standard power supplies to be free from defect in material and workmanship, and Glassman agrees to repair or replace any power supply which fails to perform in accordance with Glassman’s written specifications within three years after date of shipment from Glassman. OEM and modified standard power supplies are warranted to be free from defect in materials and workmanship for one year from date of shipment from Glassman.
This limited warranty shall not apply to any power supply which has been:
- Repaired, worked on, or altered by persons unauthorized by Glassman which, in Glassman’s sole
judgment, adversely affects the performance, stability or reliability of the power supply.
- Subject to misuse, negligence or accident; or
- Connected, installed, adjusted or used otherwise than in accordance with the instructions furnished
Glassman reserves the right to make any changes in design or construction of its power supply at any time, without incurring any obligation to make any change whatsoever in units previously delivered.
LIMITATION ON REMEDIES. Buyer’s excusive remedy in the event of a defect in a power supply is limited to the repair or replacement of any defective power supply or to refund of the purchase price at Glassman’s sole discretion. Buyer must return the power supply to the Glassman factory, transportation prepaid by the Buyer, within the warranty period for the warranty claim to be effective.
Glassman is not liable to Buyer or to any third party for consequential or incidental damages
under any circumstances, whether due to defect in the power supply, due to delay or failure of delivery, due to a failure of the power supply to perform as specified or for any other reason or cause. Buyer and Glassman agree that Buyer’s sole remedy and Glassman’s sole liability to Buyer is limited to repair, replacement or refund of the purchase price of the power supply as described herein, whether Buyer’s claim arises out of contract or in tort.
DISCLAIMER OF IMPLIED WARRANTIES. This limited warranty excludes all other warranties and is offered and accepted in lieu of any and all other warranties, whether express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose.
The entire contract concerning warranty rights and obligations and concerning Buyer’s remedies is embodied in this writing. This writing constitutes the final expression of the parties’ agreement, and it is a complete and exclusive statement of the terms of that agreement. No statements or understanding, purporting to modify or vary the terms hereof, shall be binding and cannot be relied upon by Buyer.