1. Surface Measurement Systems Ltd (SMS) warrants to the Purchaser that Products and accessories manufactured by it will be free from defects in materials and workmanship for a period of 12 months from date of installation or 18 months from delivery to the Distributor whichever comes first. All warranty claims can only be made if an installation report has been recorded by SMS, any claims made under the warranty without such a report will be deemed as invalid.
2. Where transport of Products/Spare parts is provided by SMS the Purchaser shall examine the Products immediately upon receipt for any obvious damage in transit or shortage. The Purchaser shall note on the carrier’s delivery note. Any claim that Products are damaged in transit, short delivered or not in conformity, with the Purchasers order must be notified to SMS within five working days of delivery. SMS will have no liability for such claims unless these conditions are observed. SMS sole liability for errors in quantity or type of Products supplied, or for damage in transit shall be to make good any shortage or non-delivery and to repair or replace any damaged products.
2.1 If the Product is shipped directly to a customer premises the container must remain sealed until an SMS accredited representative is able to open and access any damage, short delivery or non-conformity.
3. SMS undertakes to repair or replace, at its option free of charge to the Purchaser any part or parts which under proper and normal use prove defective within the period stated in (1). If required by SMS the Purchaser will return to SMS any defective parts covered by the warranty at its own expense and risk.
4. Products moved to an alternative customer site will continue to be subject to the warranty conditions, provided the de-installation and re-installation is performed by an accredited SMS engineer and SMS are in receipt of an installation report from the movement. The costs and expenses related to both deinstallation and reinstallation shall be the responsibility of the Purchaser.
5. The warranty applies only to instruments within the country of original delivery. Instruments transferred outside the country of original delivery, either by us at the direction of the customer or by the customer’s actions subsequent to delivery, may be subject to additional charges prior to warranty repair or replacement of such instruments, based on the actual location of such instruments and our Warranty and/or service surcharges for such location(s) provided the de-installation and re-installation is performed by an accredited SMS engineer and SMS are in receipt of an installation report from the movement. The costs and expenses related to both deinstallation and reinstallation shall be the responsibility of the Purchaser.
6. Where Products supplied (but not manufactured) by SMS are covered by a manufacturer’s warranty, SMS will upon request supply the Purchaser with a copy of such warranty. If the warranty can only be enforced by SMS against the manufacturer, SMS undertakes to use its reasonable endeavors to enforce the warranty on the Purchasers behalf.
6.1. The Purchaser must undertake to give access to the third-party warranty provider.
6.2. SMS reserves the right to charge the Purchaser at normal service rates for any realignment, recalibration adjustment or cleaning work required other than as a result of defects in materials or workmanship.
7. Standard Spare Parts Warranty
7.1. SMS warrants that each spare part manufactured and sold by SMS are to be free from defects in materials and workmanship for a period of 90 days from its original date of purchase. If the purchaser discovers within the duration of this warranty a failure of the spare to perform as described by the manufacturer, the purchaser must promptly notify seller of this within warranty period.
7.2. Warranty claims can only be made if SMS are in receipt of a valid service report showing the original date of the part fitted. Any claims made under the warranty without such a report will be deemed as invalid.
7.3. Warranty is offered against all faulty parts provided that the part is installed and operated in accordance with the installation and operation manual supplied with the unit. Spare parts can only be fitted by an accredited SMS service engineer; otherwise the warranty will be void.
7.4. Warranty does not cover misuse, abuse, neglect, unauthorised modifications, improper maintenance, accidents or other abnormal conditions. SMS will be responsible for standard freight costs to the site of the original purchaser of the part. The customer is responsible for costs associated with the return of the defective part to the SMS office. Warranty does not cover any taxes or duties, which will be due in connection with supply of replacement parts.
7.5. If express delivery is used, the party requiring it shall carry the costs. The customer must ensure that the part is packed properly before shipping to ensure safe transport. Any damage due to inadequate packing will be subject to a charge. If no fault is found on the claimed part, all labor and standard shipping costs of the replacement unit will be subject to full costs to the claimant as set out below; Part returns will be accepted under the following conditions;
7.5.1. unopened parts are subject to a 10% restocking charge;
7.5.2. opened parts will be subject to a 50% restocking charge;
7.5.3. parts subject to a Returns Material Authorization will only be credited according to that process and that the relevant paperwork is received.
7.5.4. where used parts/Products are subject to a decontamination certificate SMS reserve the right to refuse delivery. Any parts sent back without the correct decontamination certificate will be liable for all costs attributed to their disposal and to all costs directly or indirectly incurred
8. Software Warranty
8.1. Software is provided as per the original Purchase Order and is subject to the same warranty conditions as in (1). Warranty will not be honored in the following circumstances.
8.2. not used in accordance with the user documentation;
8.3. used in combination with any operating system, third-party software not prescribed by SMS;
8.4. modified in any way by the end user;
8.5. used with equipment other than its intended purpose;
8.6. The use of Anti-Virus software is allowed provided such software can be installed and configured by a competent IT Professional such that it does not interfere with any SMS software. Windows Updates and Office updates should be turned off by default and when required should ONLY be installed by a competent IT Professional. In any case failures caused by either of the above will not be covered by the provisions of this warranty.
9. Exclusions from Warranty
9.1. Customer maintainable components including but not limited to;
9.2. Sample pans, Hangdown wires, Diamond loops.
9.3. Used, Ex-Demo or refurbished Products. These Products may still have an existing warranty but the warranty will be seen to have expired on resale, unless written agreement has been received from SMS. Any such agreed warranties will be subject to the same requirements as new Products and the agreed warranty period will commence from the receipt of a valid installation report.
9.4. The cost Ex-Demo warranties provided by the Distributor on resale of Products will be solely born by the Distributor or by SMS as long as the cost of any such warranty is received by SMS prior to the commencement of any such warranty.
9.5. Any equipment or accessories which are identified on applicable price lists, quotations, or special promotional material for which our warranty may be further limited. Included within this category are items which are sold at specially discounted prices with reduced warranty protection (in some cases extended warranty protection may be available for purchase).
9.6. Variations from specifications set-out by SMS “Normal Operating Conditions” including external power supply fluctuations and humidity.
10. Additional Exclusions and Limitations
10.1. the warranty does not cover loss, damage or defects resulting from transportation to the customers premises by third-party agents or Distributors
10.2. unauthorised modification or misuse (including the use of inappropriate solvents, which are not on the ‘Approved Solvent list’), operation outside of the environmental specifications for the instrument, and/or improper site preparation or maintenance.
10.3. except in the case of an authorised distributor, authorised in writing by us to extend the warranty to the distributor’s customer’s, the warranty, applies only to the customer as the original purchaser from us and may not be assigned, sold or otherwise transferred to any third party or instrument.