Subject to the terms and conditions contained herein, SKF warrants to the Buyer that for the warranty period indicated below the products sold by SKF that are listed below (the “Products”), when properly installed, maintained, and operated, will be free from defects in material and workmanship and shall be fit for the ordinary purposes for which the Products are designed.
Buyer’s limited remedies
This limited warranty defines SKF’s sole and exclusive liability and Buyer’s sole and exclusive remedy for any claim arising out of, or related to, any alleged deficiency in any Product sold by SKF, even if such claim is based on tort, including negligence or strict liability, breach of contract, or any other legal theory. SKF may, at its sole option, modify, repair, or replace the Product.
Except as expressly provided below, the warranty period for each Product shall commence on the date of purchase of the Product.
Products warranted for ninety (90) days by SKF are as follows: cable assemblies, Marlin QuickConnect (MQC), magnetic temperature probes, and all refurbished equipment.
Products warranted for one (1) year by SKF are as follows: all Microlog products and accessories, all Microlog Inspector applications, including hand-held computers, all Marlin data managers (MDM), all Marlin Condition Detectors (MCD), all Wireless Machine Condition Detectors (WMCD), all Multilog On-line Systems (IMx), all Multilog Condition Monitoring Units (CMU, TMU), Multilog Local Monitoring Units (LMU), all Multilog Wireless Monitoring Units (WMx), all Wireless Monitoring Systems V/T, all Vibration PenPlus, all Machine Condition Advisers, all transmitters, all Monitor Interface Modules (MIM), all Machine Condition Transmitters (MCT), MicroVibe P and Custom Products with the prefix of CMCP, with the exception of any consumable or expendable items.
Products warranted for two (2) years by SKF are as follows: all standard Eddy Probes, Eddy Probe Drivers, and Eddy Probe Extension Cables, all Multilog On-line Systems (DMx), and all M800A and VM600 Machinery Monitoring Systems. For all On-line Systems that have satisfied Criteria 1 and 2 below, the warranty period shall be either thirty (30) months from the date the On-line System is purchased, two (2) years from the date the On-line System is installed by SKF, or two (2) years from the date, on which the installation of the On-line System has been audited.
Devices used with a Multilog On-line System (IMx), Multilog Condition Monitoring Unit (CMU), Multilog Local Monitoring Unit (LMU), including, but not limited to, the sensing device, the interconnect cabling, junction boxes, if any, and the communications interface, must consist only of SKF-supplied or SKF-approved devices and/or components.
SKF or its authorized service representative has installed the On-line System or has audited the installation and commissioned the On-line System. “On-line Systems” are defined as systems consisting of Multilog On-line System (IMx), Multilog Condition Monitoring Unit(s) (CMU), Multilog Local Monitoring Unit(s) (LMU), and any sensing or input devices, the interconnect cabling between the sensing or input devices and the Multilog On-line System (IMx), Multilog Condition Monitoring Unit(s) (CMU), Multilog Local Monitoring Unit(s) (LMU), and the cabling between the Multilog On-line System (IMx), Multilog Condition Monitoring Unit (CMU), Multilog Local Monitoring Unit (LMU), and the proprietary SKF communications interface with the host computer.
Products warranted for five (5) years by SKF are as follows: all standard seismic sensors (accelerometers and velocity transducers).
Other SKF Products
Any SKF Product supplied hereunder, but not covered by this limited warranty shall be either covered by the applicable SKF limited warranty then in place for such product or, if no such warranty exists, shall be covered by the 90-day warranty stated above.
As a condition to SKF’s warranty obligations hereunder, the Buyer shall forward
to SKF any Product claimed by the Buyer as being defective and it will be replaced if determined by SKF to conform to this limited warranty.
SKF shall not be obligated under this limited warranty or otherwise for normal wear and tear or for any Product, which, in SKF’s sole judgment, been subjected to accident, abuse, misapplication, improper mounting or remounting, improper lubrication, improper repair or alteration, or maintenance, neglect, excessive operating conditions, or for defects caused by or attributable to the Buyer, including, without limitation, Buyer’s failure to comply with any written instructions provided to Buyer by SKF. SKF shall be free to conduct tests, investigations, and analysis of the Products returned to SKF, as it deems reasonable and proper in the exercise of its sole judgment.
Except warranty of title and for the warranties expressly set forth in herein, it is understood and agreed that:
(a) SKF makes no other warranty, representation, or indemnification, either express or implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement;
(b) In no event shall SKF be liable or obligated for special, exemplary, punitive, incidental, direct, indirect, general or consequential damages, including, by way of example only, lost of profits or savings, loss of business or loss of use, or any other loss, cost, or expense in connection with the Products provided by SKF. This disclaimer shall extend as well to any liability for nonperformance caused by SKF’s gross or ordinary negligence, and in all cases, regardless of whether or not any of
the foregoing were foreseeable, or that SKF was advised as to the possibility of such damages, loss, cost, or expense;
(c) The foregoing limitations and disclaimers of liability shall be made applicable to the sale of any Product by SKF to the furthest extent permitted by applicable law.
The exclusive remedies provided in this limited warranty shall not be deemed to have failed of their essential purpose so long as SKF is willing and able to perform to the extent and in the manner prescribed in this limited warranty.