| 1. |
Limited Warranty |
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1.1 |
SKC warrants products manufactured by SKC and
sold by SKC or authorized representatives or distributors to
be free of any defects in materials and workmanship under normal
use and service for the warranty period, beginning on the date
of original invoice, as follows:
(a) SKC sample pumps and chargers: 1 year
(b) SKC replacement parts (including replacement
battery packs): 90 days
(c) Resale products distributed by SKC: Original manufacturer warranty
The foregoing products and all other SKC products
are subject to the SKC Return Policy in Section 4.
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1.2 |
This Limited Warranty extends only to the original
buyer/end-user of the product and is not transferable in any manner. |
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1.3 |
SKC shall have no obligation under this Limited
Warranty until all invoices for the product are paid in full. |
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1.4 |
Under this Limited Warranty, SKC reserves the
right to inspect product to determine validity of buyer’s
claim and SKC, in its sole discretion, shall have the option
of:
| (a) |
replacing warranted SKC-manufactured product (F.O.B.
point of purchase) without charge provided the product
is returned to the point of purchase within 30 days of
the date of invoice (replacement product may be model
equivalent or better). This option is not available for
resale products, or |
| (b) |
crediting the buyer's account with the price of the
warranted SKC-manufactured product provided the product
is returned to the point of purchase within 30 days of
the date of invoice. This option is not available for
resale products, or |
| (c) |
repairing warranted product without charge for product
returned to point of purchase after 30 days of invoice
date and before the end of the stated warranty period
in Section 1.1. This option is available for resale products. |
Repair shall not extend the warranty period listed for the
product in Section 1.1. However, parts installed during SKC
warranty repair are warranted for 90 days from date of repair
invoice.
SKC shall honor the original manufacturer warranty for resale
products. However, if the product is not under warranty, the
buyer is responsible for all repair costs charged by the product
manufacturer. |
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1.5 |
The foregoing remedy shall be SKC’s sole
liability and shall be the exclusive remedy of the buyer. |
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1.6 |
This Limited Warranty shall not apply to
product that has failed due to or been damaged by (a) accident,
misuse,
abuse, improper application, negligence, alteration, force majeure
occurrence(s), transportation or handling, failure to operate
products in accordance with manufacturer instructions, or failure
to maintain the recommended operating, charging, or storing environments
in accordance with manufacturer instructions; (b) unauthorized
repair, maintenance, service, or modification of product by the
buyer or a third party or attachment to or use of non-SKC supplied
equipment; (c) use of non-SKC supplied cleaning devices or supplies
or consumables. |
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1.7 |
Claims under this Limited Warranty must be made
to your SKC representative in writing within 30 days of buyer
discovery of product defect(s) (mailed certified return receipt-return
receipt requested, postage prepaid). Product must be returned
to the point of purchase (freight prepaid) with required documentation
and in appropriate packaging clearly marked with a Returns
Authorization (RA) number obtained from SKC (see Return Policy
in Section 4). SKC reserves the right of inspection to determine
validity of buyer’s claim of defective product under the
terms of this Limited Warranty. SKC further reserves the right
to approve and negotiate the terms of repair or replacement. |
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1.8 |
SKC reserves the right to make changes to, at any
time without notice, product design, color, material, and specifications
without any obligation to incorporate new features or modifications
in previously sold products. SKC reserves the right to discontinue
product. |
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1.9 |
This Limited Warranty shall be invalid if the buyer
fails to comply with every term and condition of the Limited Warranty. |
| 2. |
Limitation of Liability |
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2.1 |
THIS LIMITED WARRANTY CONSITUTES THE ONLY WARRANTY
MADE BY SKC CONCERNING THE PRODUCT AND IT HEREBY EXCLUDES ANY
AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. |
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2.2 |
UNDER NO CIRCUMSTANCES SHALL SKC BE LIABLE
TO THE BUYER OR ANY USER FOR CONSEQUENTIAL, INDIRECT, SPECIAL,
PUNITIVE,
OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LABOR AND
ANALYSIS FEES), WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON
ANY CLAIM OF ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE
OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION,
NEGLIGENCE, STRICT LIABILITY IN TORT, FAILURE OF ANY REMEDY TO
ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. NOTWITHSTANDING THE
FORM (E.G., CONTRACT, TORT OR OTHERWISE) IN WHICH ANY LEGAL OR
EQUITABLE ACTION MAY BE BROUGHT, IN NO EVENT WILL SKC BE LIABLE
FOR DAMAGES OR LOSSES THAT EXCEED, IN THE AGGREGATE, THE AMOUNT
PAID BY BUYER FOR THE PRODUCT |
| 3. |
Governing Law |
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3.1 |
This Limited Warranty constitutes the complete,
final, exclusive, and fully integrated statement of warranty between
SKC Inc. and buyer concerning the products. Any action brought
relating to this Limited Warranty shall be instituted and litigated
in the courts of the Commonwealth of Pennsylvania located in Washington
County, Pennsylvania, or the Federal courts for the Western District
of Pennsylvania. This Limited Warranty shall be governed by and
construed in accordance with the laws of the Commonwealth of Pennsylvania.
It is expressly agreed that the United Nations Convention on Contracts
for the international Sale of Goods shall not apply. |
| 4. |
Return Policy |
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4.1 |
Product Return Guidelines |
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- Faulty, damaged, or missing items - Contact SKC Customer
Service to correct the problem immediately.
- Package delivered damaged - Report damage immediately to
the carrier. Retain all containers and packing material.
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4.2 |
Product Return Policy |
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- Qualifying product returned unused and received
at the point of purchase within 30 days of invoice:
Buyer
receives a refund of purchase price. See Non-returnable
Items in Section 4.3.
- Qualifying product returned unused and received
at the point of purchase between 31 and 90 days after invoice:
Buyer
receives a refund of purchase price minus a restocking fee.
See Non-returnable Items in Section 4.3.
- More than 90 days after invoice:
Product cannot be returned.
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4.3 |
Non-returnable Items
Custom orders (specials), used products, incomplete products (product missing
parts and/or a portion of original quantity; product with damaged or
missing labeling), opened sample media (media with opened packaging and/or
media that has been exposed), opened software packages, product with
missing packaging, product not purchased from SKC, expired lot or shelf-life
product, refrigerated or perishable product, discontinued product, product
not returned prior to 90 days after invoice, and certain resale items
are non-returnable. |
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4.4 |
Returning Product to SKC
- From the U.S. or Canada, call Customer Service at 800-752-8472
(international customers call 724-941-9701). Request a Returns
Authorization (RA) number. Only packages
with an RA number will be accepted by SKC.
- Carefully package the product. Mark the RA number
on correspondence and on the outside of the package.
- Ship freight prepaid to the address provided by Customer
Service.
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