APTM - Terms: Warranty for equipment

 

EQUIPMENT WARRANTY COVERAGE ( incorporated by reference into APTM's « General Sales Conditions » of this website)

APTM's warranty obligations for the equipments are limited to the terms set forth below:

APTM SA, 6854 Lugano-Stabio, Switzerland ("APTM") warrants that all equipment purchased hereunder has been tested at APTM's premises before shipping, according to APTM's specifications and safety regulations and, under normal use and maintenance, it shall be free from defects in material and workmanship for a period of twelve (12) months from its startup, not exceeding however fourteen (14) months from the date of original delivery, ex-works APTM's assembling premises ("Warranty Period").

This warranty shall extend only to Buyer, as the original purchaser of such equipment. Buyer's sole remedy and APTM's sole obligation under this warranty is limited to repairing (without additional charge) or, at APTM's option, replacing or refunding the purchase price for any equipment returned to APTM's factory within the applicable warranty period, shipping and transportation costs prepaid, and which, upon inspection, is determined by APTM to be defective in materials and/or workmanship. Complete information as to service and maintenance should accompany any equipment returned for inspection. The provisions of this warranty shall not apply to (i) loss and damage to any equipment due to misuse, accident, abuse, neglect, normal wear and tear, or improper installation, maintenance or application, or (ii) wearparts, filter media or electric and/or electronic controls indicated by APTM, or (iii) equipment that has been modified, altered or repaired (other than by APTM or its authorized contractors) in any manner which, in the judgement of APTM, adversely affects the operation or reliability of such equipment. The warranty and remedy set forth in this section constitute the only warranty made by APTM with respect to any equipment and such warranty is in lieu of all other warranties, express or implied, as to any matter whatsoever, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose, which implied warranties are hereby disclaimed.

With respect to any equipment (or materials, parts or accessories included therein) manufactured or supplied by others (excluding APTM and its affiliates), APTM shall use its reasonable efforts to "pass-through" to Buyer the benefits of any applicable warranties, provided that Buyer shall pay all expenses in connection therewith.

If a defect arises and a valid claim is determined by APTM upon return of the defective equipment and within the Warranty Period, at its option, APTM will:

  • repair the product at no charge, using new or refurbished replacement parts, or;
  • exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product, or;
  • refund the purchase price of the product.

APTM warrants replacement products or parts provided under this warranty against defects in materials and workmanship from the date of the replacement or repair for ninety (90) days or for the remaining portion of the original product's warranty, whichever provides longer coverage. When a product or part is exchanged, any replacement item becomes Buyer's property and the replaced item becomes APTM's property. When a refund is given, Buyer's product becomes APTM's property.

Equipment Design Warranty: APTM warrants that all equipment purchased hereunder are:

  • designed according to the last achievements in the specific field of powder technology and, specifically, of ultra-fine micronisation;
  • based on current recommendations of Good Manufacturing Practice and in line with the good engineering practice worldwide

Spare Parts Availability: APTM warrants for the availability of any or functionally similar component for a period of ten (10) years from the original delivery.

EXCLUSIONS AND LIMITATIONS

This Equipment Warranty applies only to the equipment manufactured by or for APTM that can be identified by APTM's plate with equipment trademark, trade name, and APTM's logo affixed to it. This Equipment Warranty does not apply to any non-APTM product, even if mounted, packaged or sold with an APTM's equipment. Software distributed by APTM under the APTM's brand name is not covered by this Equipment Warranty. Refer to APTM's Software License Agreement for more information.
APTM is not liable for any damage to or loss of any software, data, or other information stored on any media contained within the equipment, or any non-APTM product or part not covered by this warranty. Recovery or reinstallation of programs, data or other information is not covered under this Limited Warranty.

This Equipment Warranty does not apply:

  1. to damage caused by accident, abuse, misuse, misapplication, or non-APTM products;
  2. to damage caused by service performed by anyone other than APTM;
  3. to a product or a part that has been modified without the written permission of APTM; or
  4. if APTM's identification plate and/or serial number has been removed or defaced.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. APTM SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF APTM CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE EXTENT POSSIBLE ANY CLAIMS UNDER SUCH IMPLIED WARRANTIES SHALL EXPIRE ON EXPIRATION OF THE WARRANTY PERIOD.
NO APTM RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION OR ADDITION TO THIS
EQUIPMENT WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APTM IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING ANY COSTS OF RECOVERING OR REPRODUCING ANY SOFTWARE OR DATA STORED IN OR USED WITH THE APTM'S EQUIPMENT, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE APTM'S EQUIPMENT.
APTM SPECIFICALLY DOES NOT REPRESENT THAT IT WILL BE ABLE TO REPAIR ANY EQUIPMENT UNDER THIS WARRANTY OR MAKE AN EQUIPMENT EXCHANGE WITHOUT ANY RISK TO OR LOSS OF SOFTWARE OR DATA.
FOR BUYERS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS EQUIPMENT WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH CONSUMER PROTECTION LAWS AND REGULATIONS MAY BE LIMITED, APTM'S LIABILITY IS LIMITED, AT ITS SOLE OPTION TO REPLACEMENT OR REPAIR OF THE EQUIPMENT OR SUPPLY OF THE REPAIR SERVICE AGAIN.

 

This Equipment Warranty shall be governed by and construed in accordance to the laws of Switzerland, and each party hereby submits itself for the sole purpose and disputes or controversies arising hereunder to the jurisdiction of the court of Lugano, Tessin Canton, Switzerland.

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Last updated 25-Oct-2002. Copyright 2002 APTM SA Switzerland. All rights reserved.
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