NDSL agrees, subject to the terms of this limited warranty, to correct any defects in materials or workmanship in any product covered by this limited warranty which occurs during normal use and is reported to NDSL in writing during the period of one (1) year from the date such product is first placed in service, or Fifteen months (15 ) from the date of its shipment by NDSL whichever occurs first. NDSL’s obligation hereunder shall be to provide, on an exchange basis, the part or parts necessary to correct any defect covered by this warranty. NDSL will pay normal surface transportation charges for delivery of replacement parts to the product location, but shall not be liable for any other expenses, including the cost of returning any part to be replaced to NDSL for exchange. No material shall be returned to NDSL for replacement or analysis under or outside the terms of this warranty without a Return Material Authorization (RMA) number being first obtained from NDSL and clearly marked on the returned equipment. NDSL shall evaluate returned material and in the event that the equipment qualifies for the terms of this warranty shall, at their discretion either a) repair the equipment, provided the repaired equipment meets the required quality criteria for the equipment, b) replace the equipment with equipment that meets the required quality criteria for the equipment, c) refund the purchase price of the equipment by credit note. At no time shall the purchaser of the goods take automatic debit for the returned material. In the event that endemic warranty problems occur, NDSL shall assist the purchaser by either a) paying the purchaser reasonable labour costs to remedy or attempt to remedy the endemic warranty condition or b) provide staff, travel and accommodation to remedy the endemic warranty condition. Endemic warranty shall be defined as either a) greater than 4 failures or 10% failure rate (whichever is greater) of any piece of warranted equipment on any one location in any one 12 month period for reasons covered by this warranty or b) 10% failure rate of any single piece of warranted equipment in the field population. If it is discovered during the process of remedying any such endemic warranty condition that the cause was not attributable to NDSL’ s materials or workmanship then the purchaser agrees to reimburse NDSL all costs incurred dealing with the endemic warranty condition.
IF, UPON THE INSPECTION OF ANY PRODUCT TO WHICH THIS WARRANTY APPLIES, NDSL DETERMINES THAT A CLAIMED DEFECT WAS NOT DUE TO ITS WORKMANSHIP OR MATERIALS, NDSL WILL PROCEED TO REPAIR AND SERVICE THE PRODUCT AT THE PURCHASER EXPENSE AND APPROVAL.
THE PURCHASER REMEDIES UNDER THIS LIMITED WARRANTY ARE EXCLUSIVE OF ALL OTHERS.
