Warranty
Performance Specifications: Performance specifications for BAND-IT products in promotional and technical literature and materials are determined under controlled laboratory conditions and according to specific test requirements. The results of these tests are not intended to define the performance of any BAND-IT product under actual conditions or specific applications. BAND-IT does not warrant the suitability of any BAND-IT product for any specific application, and Customer will have sole responsibility for determining the suitability of BAND-IT products for its application.
Warranty: Except as stated above under Performance Specifications and below under Warranty Exceptions and Exclusions:
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BAND-IT warrants that BAND-IT products will conform to BAND-IT's published specifications at time of shipment for a period of 12 months from the date of invoice.
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THE ABOVE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY MADE BY BAND-IT. NO OTHER EXPRESS OR IMPLIED WARRANTY OF ANY KIND, ORAL OR WRITTEN, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE WITH RESPECT TO THE QUALITY, WORKMANSHIP, MATERIALS, DESIGN, PERFORMANCE OR SUITABILITY OF ANY BAND-IT PRODUCT.
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If a warranty claim is approved by BAND-IT, BAND-IT will either replace or repair the non-conforming BAND-IT product free of charge or, at BAND-IT's sole discretion, refund or credit to Customer the purchase price it paid for such non-conforming BAND-IT product. Such replacement, repair, refund or credit will be BAND-IT's sole liability and obligation and Customer's sole remedy with respect to any nonconforming or defective BAND-IT product. All BAND-IT products that are replaced shall be the property of BAND-IT. Customer shall be responsible for all freight charges in connection with any replacement or repair.
Warranty Exceptions and Exclusions: Notwithstanding anything to the contrary:
- BAND-IT products that are quoted as being sold "Without Warranty" are not warranted.
- BAND-IT products that are quoted with a warranty less than 12 months from the date of invoice are warranted only for the period specified in the quote.
- Tool components that are subject to normal wear and tear (e.g. knives, blades, grippers, etc.) are not warranted.
- Tool repairs and tools sold as "Used" or "Reconditioned" are warranted only for 90 days from date of invoice.
- A warranty claim must be asserted during the applicable warranty period, and BAND-IT shall have no liability or obligation of any kind with respect to a BAND-IT product if a warranty claim is asserted after the expiration of the applicable warranty period for such BAND-IT product.
- A warranty claim must be asserted within 7 days after Customer discovers or should have discovered that a BAND-IT product does not conform to BAND-IT's published specifications at time of shipment, and BAND-IT shall have no liability or obligation of any kind with respect to a BAND-IT product if a warranty claim is asserted more than 7 days after Customer discovers or should have discovered that such BAND-IT product did not conform to BAND-IT's published specifications at time of shipment, notwithstanding that the warranty claim may be asserted during the applicable warranty period for such BAND-IT product.
- BAND-IT shall have no liability or obligation of any kind with respect to a BAND-IT product if BAND-IT is not given the opportunity, after receiving a warranty claim with respect to such BAND-IT product, to examine such BAND-IT product at its Denver facility.
- BAND-IT shall have no liability or obligation of any kind with respect to a BAND-IT product if Customer makes any further use of such BAND-IT product after asserting a warranty claim with respect to such BAND-IT product.
- BAND-IT shall have no liability or obligation of any kind with respect to a BAND-IT product if the nonconformity to BAND-IT's published specifications at time of shipment is directly or indirectly attributable to normal wear, neglect, misuse, modification, improper installation, improper repair, failure to follow BAND-IT's oral or written instructions, damage during or after shipment, or any non-BAND-IT product, component or tool with which such BAND-IT product is used.
- BAND-IT makes no warranty with respect to products of other manufacturers that BAND-IT may sell. Any warranty with respect to products of other manufacturers shall be limited to a pass through of the other manufacturer's warranties to the extent permitted by the manufacturer.
