Warranty: Precision Distributing, Inc., devices that are purchased directly from Precision Distributing, Inc. , are warranted against material defects for a period of one (1) year from the date of purchase. Leads, electrodes, gloves (where applicable) and batteries included with the devices are not covered by this warranty. Service will be rendered and defective parts will be replaced without cost within that period, provided the equipment does not show evidence of mishandling, tampering, battery or chemical corrosion, operation contrary to operation instructions, or modifications by an unauthorized repair shop. Precision Distributing, Inc. and its manufacturers shall not be liable for any repairs or alterations except those made with its written consent and shall not be liable for damages from delay, loss of use, claims of purchaser's customers, or for other indirect or consequential damages of any kind whether caused by defective material or workmanship or otherwise; and it is expressly agreed that the liability of Precision Distributing, Inc. and the manufacturer or its representatives, under all guarantees or warranties, whether expressed or implied, is strictly limited to the replacement of parts as herein before provided. Precision Distributing, Inc. shall not be liable for any consequential or incidental damages resulting from any breach of warranty, expressed or implied, applicable to this product.
The preceding paragraph sets forth the exclusive remedies for claims based on failure of products, whether claim in contract or in tort (including negligence) and however instituted and, upon the expiration of warranty period, all such liability shall terminate. The foregoing warranties are exclusive and in lieu of all other warranties whether written, oral, implied, or statutory. No implied warranty of merchantability or fitness for purpose shall apply. In no event will Precision Distributing, Inc. or the manufacturers, be liable for consequential or special damages. If purchaser transfers title to or leases the products sold hereunder to any third party, purchaser shall obtain from such third party a provision affording Precision Distributing, Inc. , and its manufacturers and suppliers the protection of the preceding sentence. If Precision Distributing, Inc. furnishes purchaser with advice or other assistance concerning any product supplied hereunder or any system equipment, the furnishing of such advice or assistance will not subject the company to any liability, whether in contract, warranty, tort (including negligence), or otherwise.
Transportation and Shipping: Unless otherwise agreed in writing by Precision Distributing, Inc. delivery will be made F.O.B. Seattle, Washington or F.O.B. Vancouver, WA, U.S.A., with transportation expenses paid by the purchaser, and risk of loss or damage shall fall upon the purchaser, whose responsibility it shall be to file claims with the carrier. Precision Distributing, Inc. shall not be liable for delay, delivery, or failure to manufacture or deliver (1) due to causes beyond its reasonable control, or (2) due to acts of God, acts of the purchaser, acts of civil or military authority, priorities, fires, strikes, epidemics, floods, quarantine, riot, delays in transportation or car shortages, or (3) due to inability due to causes beyond its reasonable control to obtain necessary labor, materials, components or manufacturing facilities, or (4) due to any other commercial impracticability. In the event of any such delay, the date of delivery shall be deferred for a period equal to the time lost by reason of the delay. The terms and conditions set forth in this warranty are not transferable.