This agreement is between Almax easyLab BV of Diksmuide, Belgium (“Almax easyLab BV”) and the undersigned buyer (“Buyer”) with respect to the sale of Almax easyLab hardware to Buyer where such sale has been made by Almax easyLab or by a distributor duly authorized by Almax easyLab BV.
Almax easyLab BV warrants that, for a period of one (1) year from the date of delivery to Buyer (for products that do not require installation, and from the date of successful installation for items normally installed by Almax easyLab BV), the hardware, instrumentation and/or equipment manufactured or designed by Almax easyLab BV will be, under normal use, free from defects in material and workmanship. Almax easyLab BV further warrants that the hardware, instrumentation, equipment manufactured or designed by Almax easyLab BV will perform, under normal use, substantially in accordance with the specifications contained in published sales literature and data sheets. Almax easyLab BV shall determine, at its sole discretion, when a successful installation has been completed.
The above warranty is given by Almax easyLab BV subject to the following conditions: Almax easyLab BV shall be under no liability in respect of damage to or failure of diamond anvils. Diamond is a natural mineral and therefore cannot be guaranteed.
Almax easyLab BV agrees to assign to Buyer whatever rights Almax easyLab BV may have under any warranty, express or implied, of any supplier or manufacturer of components used by Almax easyLab BV but not manufactured or designed by Almax easyLab BV.
Almax easyLab BV’ entire liability and Buyer’s exclusive remedy under this warranty will be to repair, or at Almax easyLab BV’ option, to replace, without charge, any product or component manufactured or designed by Almax easyLab BV which proves to be defective within the scope of this warranty. In the event Almax easyLab BV is unable to repair or replace such a defective product or component within a reasonable time after receipt thereof, Almax easyLab BV shall refund to Buyer the original purchase price of the defective product or component. If the loss of use of a component manufactured or designed by Almax easyLab BV substantially impairs the use of the product, and Almax easyLab BV is unable to repair the defect, Almax easyLab BV shall refund to Buyer the original purchase price of the product.
All warranty claims must be made in writing to Almax easyLab BV within the warranty period. Buyer shall not make any returns to Almax easyLab BV without receiving prior authorization from Almax easyLab BV, as evidenced by a return material authorization number (RMA). Any authorized returns must be made to Almax easyLab BV’ factory within thirty (30) days after discovery of a defect or non-conformity. The return shipping to Almax easyLab BV shall be at the risk and expense of Buyer.
Products that are returned should be properly shipped to minimize further damage, and insured at their original purchase price. All returns to Buyer shall be at the risk and expense of Almax easyLab BV.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ALMAX EASYLAB BV MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY OTHER PROVISION OF THIS AGREEMENT OR IN ANY OTHER COMMUNICATION, STATEMENT OR REPRESENTATION, WHETHER ORAL OR WRITTEN, MADE BY ANY AGENT, DISTRIBUTOR, REPRESENTATIVE OR EMPLOYEE OF ALMAX EASYLAB BV, UNLESS MADE IN WRITING, EXECUTED BY ONE OF ALMAX EASYLAB BV’ DIRECTORS, AND EXPRESSLY DESIGNATED AS A “WARRANTY.” ANY SIMILAR WARRANTIES OR TERMS OR CONDITIONS THAT WOULD OTHERWISE BE IMPLIED BY OPERATION OF APPLICABLE LAW ARE HEREBY EXPRESSLY DISCLAIMED.
In the event that the terms and conditions of this Agreement conflict with the terms or conditions of any other agreement or representations between Almax easyLab BV and Buyer with respect to the purchase of the products, the terms of this Agreement shall be deemed to control.
This Agreement shall be governed and construed in accordance with the laws of Belgium and the Buyer agrees to submit to the jurisdictions of the Belgian Courts.