ABBOTT warrants that its goods will conform to the description and specifications as set forth in the latest ABBOTT product catalog or in purchase orders received and accepted by ABBOTT.
ABBOTT further warrants that the goods shall be free from defects in material and workmanship. Minor surface porosity is not to be considered a defect for purposes of this warranty.
This warranty is expressly made in lieu of any and all other warranties, expressed or implied, including the warranties of merchantability and fitness. There are no other warranties which extend beyond the description in this agreement.
Limitations of Remedies
The exclusive remedy in the event that any of the goods do not conform to the description of ABBOTT’s standard warranty shall be replacement or repair of the goods at the option of ABBOTT.
Except as otherwise agreed upon herein, ABBOTT shall not be liable for special or consequential damages, such as, but not limited to, damage or loss of other property or equipment, loss of profits or revenue, loss of use of power system, cost of capital, cost of purchased or replacement parts or claims of third persons or parties.
The remedies set forth herein are exclusive and the liability of ABBOTT with respect to goods sold or ancillary claims arising from the use of any goods manufactured by ABBOTT, whether such remedies are based on contract, tort, strict liability or other warranty theories, shall not, except as expressly provided for herein, exceed the price of the goods or the part or portion of the goods on which such liability or claim is based.
All goods claimed to be nonconforming must be shipped to MANUFACTURER’s Manhattan, Kansas plant at MANUFACTURER’s expense. Such goods will be repaired or replaced within a reasonable time. ABBOTT’s acceptance of any goods so shipped shall not be deemed an admission that the goods are non-conforming, and if ABBOTT finds that any goods returned are not defective, such goods will be re-shipped to purchaser and purchaser will be charged all shipping charges incurred by ABBOTT.
Standard Chuck Jaws
All standard chuck jaws may be returned to Abbott within 6 months of invoice/shipping date. After 6 months from invoice date, goods may not be returned unless special circumstances exist and return is approved by Abbott. All returned goods must be assigned an RMA number by Abbott prior to being returned. All returned goods must be inspected by Abbott and accepted into inventory prior to credit being applied. All returned goods are subject to a 15% restocking fee unless Abbott is at fault due to inaccurate order processing or incorrect manufacturing.
Made to order chuck jaws, master plates and fixtures
All made to order products, including special chuck jaws, master plates and fixtures, may not be returned unless special circumstances exist and return is approved by Abbott.