LAKE SHORE LIMITED WARRANTY
WARRANTY PERIOD: THREE (3) YEARS for all products except system products. System products are TWO (2) YEARS. System products include but are not limited to; modular characterization systems, vibrating sample magnetometer systems, cryogenic probe stations, Hall effect systems, electromagnets, electromagnet power supplies, superconducting magnet power supplies, and associated options and accessories.
Manufacturer Limited Warranty. The following is the limited warranty that Manufacturer offers on its Products. Distributor agrees that it shall not extend, expand or otherwise modify this limited warranty in any manner.
- Lake Shore Cryotronics, Inc. (“Lake Shore”) warrants that products manufactured by Lake Shore (the “Product”) will be free from defects in materials and workmanship for the “Warranty Period” which starts on the date of shipment of the Product.
- If Lake Shore receives notice of any such defects during the Warranty Period and the defective Product is shipped freight prepaid back to Lake Shore, Lake Shore will, at its option, either repair or replace the Product (if it is so defective) without charge for parts, service labor or associated customary return shipping cost to the Purchaser. Replacement for the Product may be by either new or equivalent in performance to new. Replacement or repaired parts, or a replaced Product, will be warranted for only the unexpired portion of the original warranty or 90 days (whichever is greater).If Lake Shore receives notice of any such defects during the Warranty Period and the defective Product is shipped freight prepaid back to Lake Shore, Lake Shore will, at its option, either repair or replace the Product (if it is so defective) without charge for parts, service labor or associated customary return shipping cost to the Purchaser. Replacement for the Product may be by either new or equivalent in performance to new. Replacement or repaired parts, or a replaced Product, will be warranted for only the unexpired portion of the original warranty or 90 days (whichever is greater).
- Lake Shore warrants the Product only if the Product has been sold by an authorized Lake Shore employee, sales representative, distributor or an authorized Lake Shore original equipment manufacturer (OEM).
- The Product may contain remanufactured parts equivalent to new in performance or may have been subject to incidental use when it is originally sold to the Purchaser.
- The Warranty Period begins on the date the Product ships from Lake Shore's plant.
- This limited warranty does not apply to problems with the Product resulting from (a) improper or inadequate installation (unless OT&V services are performed by Lake Shore), maintenance, repair or calibration, (b) fuses, software, power surges, lightning and non-rechargeable batteries, (c) software, interfacing, parts or other supplies not furnished by Lake Shore, (d) unauthorized modification or misuse, (e) operation outside of the published specifications, (f) improper site preparation or site maintenance (g) natural disasters such as flood, fire, wind, or earthquake, or (h) damage during shipment other than original shipment to you if shipped through a Lake Shore carrier.
- This limited warranty does not cover: (a) regularly scheduled or ordinary and expected recalibrations of the Product; (b) accessories to the Product (such as probe tips and cables, holders, wire, grease, varnish, feedthroughs, etc.); (c) consumables used in conjunction with the Product (such as probe tips and cables, probe holders, sample tails, rods and holders, ceramic putty for mounting samples, Hall sample cards, Hall sample enclosures, etc.); or, (d) non-Lake Shore branded Products that are integrated with the Product.
- TO THE EXTENT ALLOWED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCT AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Specifically, except as provided herein, Lake Shore undertakes no responsibility that the products will be fit for any particular purpose for which you may be buying the Products. Any implied warranty is limited in duration to the warranty period. No oral or written information, or advice given by Lake Shore, its agents or employees, shall create a warranty or in any way increase the scope of this limited warranty. Some countries, states or provinces do not allow limitations on an implied warranty, so the above limitation or exclusion might not apply to you. This limited warranty gives you specific legal rights and you might also have other rights that vary from country to country, state to state or province to province.
- Further, with regard to the United Nations Convention for International Sale of Goods (CISC,) if CISG is found to apply in relation to the goods covered by this limited warranty, which is specifically disclaimed by Lake Shore, then this limited warranty excludes warranties that: (a) the Product is fit for the purpose for which goods of the same description would ordinarily be used, (b) the Product is fit for any particular purpose expressly or impliedly made known to Lake Shore at the time of the purchase of the Product, (c) the Product is contained or packaged in a manner usual for such goods or in a manner adequate to preserve and protect such goods where it is shipped by someone other than a carrier hired by Lake Shore.
- Lake Shore disclaims any warranties of technological value or of non-infringement with respect to the Product and Lake Shore shall have no duty to defend, indemnify, or hold harmless you from and against any or all damages or costs incurred by you arising from the infringement of patents or trademarks or violation or copyrights by the Product.
- This limited warranty is not transferrable.
- EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, NEITHER LAKE SHORE NOR ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS WILL BE HELD LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS) ARISING OUT OF THE USE, INABILITY TO USE OR RESULT OF USE OF THE PRODUCT, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, REGARDLESS WHETHER OR NOT LAKE SHORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PURCHASER'S USE OF THE PRODUCT IS ENTIRELY AT PURCHASER'S RISK. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- This limited warranty gives the purchaser specific legal rights, and the purchaser may also have other rights that vary within or between jurisdictions where the Product is purchased and/or used. Some jurisdictions do not allow limitation in certain warranties, and so the above limitations or exclusions of some warranties stated above may not apply to all purchasers.
- Except to the extent allowed by applicable law, the terms of this limited warranty do not exclude, restrict or modify the mandatory statutory rights applicable to the sale of the Product to you.
APPLICABLE LAW AND PLACE OF DISPUTE RESOLUTION
Unless otherwise agreed in writing, the terms and conditions contained herein shall be governed by and construed under the laws of the State of Ohio, USA, excluding application of the United Nations Convention for International sale of Goods (CISG) and excluding any rules relating to the conflicts of law provisions in Ohio.
Any and all disputes arising out of this agreement shall be subject to final and binding arbitration with the American Arbitration Association (AAA). Regarding those transactions relating International trade, rules governing arbitration thereunder shall be in accord with the AAA International Arbitration Rules.
Further, in all arbitrations the arbitrator(s) shall have exclusive authority to resolve all claims covered by this arbitration agreement, including any dispute relating to the interpretation, applicability, enforceability or formation of this arbitration agreement, and including, but not limited to, any claim that all or any part of this arbitration agreement is void or voidable.
In regard to International trade, any issues involving the scope of arbitration of a dispute shall be governed by the substantive law of the Federal Arbitration Act, 9 U.S.C. Section 1 et seq.
In regard to domestic US trade, any issues involving the arbitrability of a dispute shall be governed by the substantive law of Ohio, relating to arbitration.
Further, the venue of arbitration shall be in Franklin or Delaware Counties, Ohio U.S.A. The substantive law used for arbitration, or otherwise for all dispute resolution, (other than as is set out above relating to the scope of arbitration) shall be that of Ohio, U.S.A., excluding application of the United Nations Convention for International sale of Goods (CISG) and exclusive of its conflict of laws provisions. The State of Ohio, U.S.A., shall be deemed the place the sale contract is formed.