Monday, November 7, 2011

LDARtools Warranty Updated

Terms and Conditions for LDARtools Hardware Warranties

LDARtools, Inc. (“LTI”) warrants that the Hardware shall be free from defects in materials and workmanship, under normal intended use during the standard and/or the extended warranty period. Standard warranty is one year from original delivery date (unless otherwise specified). In addition, LTI Hardware can be warranted for a period up to 5 years (including the standard warranty period). The standard warranty applies only to the Hardware manufactured by LTI (phx21, SpanBox, c2, etc.) Replaceable phx21pumps and accessory items such as chargers, probes, battery packs, desktop PC programs, owner's manual, etc. are warrantied for 90 days from original ship date.
Warranty Exclusions
This warranty shall not apply if: (i) the Hardware has been set up improperly or has been improperly installed or calibrated, (ii) the Hardware is operated in a manner that is not in accordance with the instruction manual(s) and/or user guide, (iii) the Hardware is used for a purpose other than for which it was designed, (iv) the Hardware has been used in environmental conditions outside of those specified for the Hardware, (v) the Hardware has been subject to any modification, alteration, or change by or on behalf of customer (except and unless the modification, alteration or change was the result of work done by an individual certified by the manufacturer to perform such work and the work was performed with the permission of the manufacturer), (vi) the defect or malfunction results from misuse or accident, (vii) the serial number on the Hardware has been tampered with or removed, (viii) the Hardware has not been maintained adequately, (ix) repair of the Hardware results from acts of God or nature, terrorism, explosion, flood, fire, war, or riot, and (x) the repair only provides software or firmware updates or upgrades that can be performed by the user on-line.
This warranty is exclusive and LTI will not assume and hereby expressly disclaims any further warranties, whether express or implied, including, without limitation, any warranty as to merchantability, fitness for a particular purpose, non-infringement or any warranties arising from the course of performance, dealing, or usage of trade. LTI specifically makes no warranties as to the suitability of its Hardware for any particular application. LTI makes no warranties that its Hardware will meet your requirements or will work in combination with any hardware or applications software products provided by third parties, that the operation of its Hardware will be uninterrupted or error free, or that all defects in the Hardware will be corrected. LTI shall not be responsible for software, firmware, information, or memory data contained in, stored on, or integrated with any Hardware returned to LTI for repair, whether under warranty or not.
The following parts are considered to be “wearable/consumable” and are excluded under the Hardware Warranty Terms and Conditions unless they are diagnosed as having a defect in material or workmanship. Wearable/consumable parts include but are not limited to: Glowplugs, Pumps, External Hoses, O-rings, Filters, External wires/cables and external case finishes.
Remedy
In the event a defect in materials or workmanship is discovered and reported to LTI within the specified warranty period, LTI will, at its option, repair the defect or replace the defective Hardware. Replacement Hardware may be new or reconditioned. LTI warrants any replaced or repaired Hardware for a period of ninety (90) days from the date of return shipment, or through the end of the original warranty period, whichever is longer.

Title and Non-Infringement
LTI represents and warrants that it owns all right, title, and interest in, secured all necessary licenses, consents, permissions and releases for customer’s use of the Hardware, and has authority to allow customers to use, in the manner contemplated by the Agreement, the Hardware sold to its customers; that the Hardware does not infringe and will not, when used by customers, infringe on the intellectual property rights of any other party, including, but not limited to any third party patents, trade secrets, copyrights, trademarks, services marks, trade names or other proprietary rights; that the Hardware complies with all applicable municipal, state, provincial, and federal laws, rules, or regulations.
Limitation of Liability
To the fullest extent allowed by law, LTI's obligation shall be limited to the repair or replacement of the Hardware. LTI shall in no event be liable for incidental, or consequential, indirect, special or punitive damages of any kind, or for loss of revenue or profits, loss of business, loss of information or data, or other financial loss arising out of or in connection with the sale, installation, maintenance, use performance, failure, repair or interruption of any Hardware. Any responsibility and/or liability of LTI shall, in connection with a warranted Hardware, be limited in maximum amount to the original purchase price.

Warranty Repairs
To obtain repair or service on the Hardware, contact the Customer Service Department within the applicable warranty period to submit a return material authorization (RMA). Repairs returned without proper authorization may acquire an additional handling fee and/or delay in the repair. The customer is responsible to prepay all shipping costs when sending equipment to a repair center. LTI will return the repaired equipment by the same speed it was received with costs of shipping prepaid up to and including 2nd day air. LTI may, at its option, send parts for on-site customer repair provided failed parts are returned within 3 weeks of replacement part ship date. Shipping of parts will be billed to end user if expedited shipping is required. In the event that failed parts are not returned within 3 weeks with provided RMA print out, customer will be billed list price for parts received and shipping. LTI is not obligated in any way to send repair parts and may require return of equipment to a service center.



Governing Law
This warranty is governed by the laws of Texas and excluding the United Nations Convention on Contracts for the International Sale of Goods. The Federal courts of Texas shall have exclusive personal jurisdiction in case of any disputes arising out of or in connection with this warranty.

To Obtain Service Call: (877) 788-1110
Fax: (866) 385-9142
Email: support@ladartools.com
Web: www.ldartools.com

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