INDEX's liability under this Limited Warranty shall be limited to repairing or replacing at its own factory or through an authorized service distributor or dealer, material which is determined by INDEX to have been defective in manufacture and upon which a claim has been made by the original purchaser or user to Index (or an authorized distributor or dealer) within the Warranty period. Claims under this Limited Warranty will be honored only if the product is returned within 90 days of the date that the part was determined to be defective. INDEX specifically assumes no responsibility for labor charges unless prior authorization has been granted before the labor has been performed. Approved return of parts or products will be on a prepaid transportation charge basis only and non-defective products will be returned collect. Claims under this Limited Warranty will be honored only upon return of product and INDEX’s determination that the claim is covered by this Limited Warranty, and Index shall incur no obligation under this Limited Warranty prior to such determination. This Limited Warranty does not apply to any device or component which has been (i) altered or repaired, except by INDEX or its authorized representatives ; (ii) subject to misuses, negligence, or accident, including, without limitation, use and operation of such machinery or equipment while any parts are loose, broken, out of order, or damaged by the elements, or (iii) used for a purpose for which it was not designed or used in conjunction with other products not approved for use by INDEX, or (iv) rendered inoperative due to miswiring or due to broken wires, or related connectors. Parts replaced under this Limited Warranty are warranted only through the remainder of the original Limited Warranty. Any and all claims for Warranty service must include such information as Index designates, and shall include specifically the part number and date code of each unit (if appropriate).
Recovery Payment Terms (Parts, Labor, Freight)
Parts: Parts returned and verified as failed, by INDEX, are reimbursed at sales price
Labor: Labor is reimbursed by applying a standard shop rate of $65/hour times ½ hour/unit
Freight: Index reimburses actual freight costs on parts returned and verified as failed
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE AND ALL OTHER OBLIGATIONS OR LIABILITIES OF INDEX, INCLUDING ANY TORT LIABILITY FOR NEGLIGENT DESIGN OR MANUFACTURE OF THE PRODUCT, OR OTHERWISE.
THIS WARRANTY DOES NOT COVER CONSEQUENTIAL DAMAGES. IN NO EVENT WILL INDEX BE LIABLE TO BUYER FOR LOSS OF PROFITS, LOSS OF USE, OR DAMAGES OF ANY KIND BASED UPON A CLAIM FOR BREACH OF WARRANTY. INDEX EXPRESSLY DENIES ANY WARRANTY, EXPRESSED OR IMPLIED OF FITNESS FOR PURPOSE OR OF MERCHANTABILITY WHERE THE SPECIFIED DESIGN OF THE PRODUCT IS ESTABLISHED BY THE PURCHASER OR INDEX DOES NOT HAVE INTIMATE KNOWLEDGE OF THE INTENDED PURPOSE AND APPLICATION.
INDEX SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL OF CONSEQUENTIAL DAMAGES, AS THOSE TERMS ARE DEFINED IN THE UNIFORM COMMERCIAL CODE. THE FOREGOING SHALL CONSTITUTE THE SOLE AND EXCLUSIVE LIABILITY OF INDEX IN CONNECTION WITH ITS PRODUCTS.
Unless otherwise documented, INDEX products are warranted for a period of two (2) years from the date of installation. If the date of installation or resale cannot be documented, the date of installation will be assumed to be ninety days after the manufacturing date coded on the product.
4046018 Rev. A