1. What is Covered by this Warranty
Newport Thin Film Laboratory, Inc. (“NTFL”) warrants to the original purchaser (“Customer”) only, that the product that is the subject of this sale (a) conforms to NTFL’s published specifications and (b) is free from defects in material or workmanship. For all NTFL products with the exception of metallic coatings, this warranty expires 1 year from date of delivery. If the Customer discovers within this period a failure of the product to conform to specifications, or a defect in material or workmanship, the Customer must promptly notify NTFL in writing within 30 days of discovery. In no event may that notification be received by NTFL later than 13 months from date of delivery. Within a reasonable time after notification in accordance with NTFL’s Warranty Service Request Policy, NTFL will correct any failure of the product to conform to specifications or any defect in material or workmanship. Such repair will be performed at NTFL’s expense. All warranty service will be performed at NTFL. If NTFL is unable to repair the product to conform to the warranty after a reasonable number of attempts, NTFL will provide at its option, one of the following: a replacement product or a full refund of the purchase price. These remedies are the Customer’s only remedy for breach of warranty.
2. What is NTFL’s Warranty Service Request Policy?
For service under this warranty the Customer must notify NTFL in writing to obtain a Returned Material Authorization (“RMA”) number. When requesting a written RMA number, the Customer must specify in writing the product in question by part number, applicable purchase order number and original date of delivery. NTFL may be contacted as follows:
Newport Thin Film Laboratory, Inc.
13824 Magnolia Avenue
Chino, CA 91710
Telephone: (909) 591-0276
USA Toll Free: (800) 854-0089
Facsimile: (909) 902-1638
Any insurance and/or shipping costs incurred in returning a product for service under the approved RMA procedure are the Customer’s responsibility. NTFL will not be responsible for any products lost or damaged in shipment.
3. What is Not Covered by this Warranty
NTFL does not warrant:
(a) any product, components or parts not manufactured by NTFL;
(b) defects caused by failure to provide a suitable installation environment for the product;
(c) damage caused by use of the product for purposes other than those for which it was designed;
(d) damage caused by disaster such as fire, flood, wind and lighting;
(e) damage caused by unauthorized attachments or modifications;
(f) damage caused by neglect or poor maintenance;
(g) damage or deterioration of the coating due to excess temperatures (thermal damage);
(h) damage or deterioration of the coating due to improper cleaning or other mechanical damage;
(i) damage during shipping; or
(j) any other abuse to or misuse of the product.
4. DISCLAIMER OF WARRANTY
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. LIMITATION OF REMEDIES
IN NO EVENT WILL NTFL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. DAMAGES THAT NTFL WILL NOT BE RESPONSIBLE FOR INCLUDE, BUT ARE NOT LIMITED TO: LOSS OF PROFITS; LOSS OF SAVINGS OR REVENUE; LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT; COST OF CAPITAL; COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES, OR SERVICES; DOWNTIME; THE CLAIMS OF THIRD PARTIES, INCLUDING CUSTOMERS; AND INJURY TO PROPERTY.
6. Time Limit for Bringing Suit
Any action for breach of warranty must be commenced within 15 months following delivery of the product.
7. No Other Warranties
Unless modified in writing signed by both parties, this warranty is understood to be the complete and exclusive agreement between the parties, superseding all oral or written prior agreements and all other communications between the parties relating to the subject matter of this agreement, including statements made by salespersons. No employee of NTFL or any other party is authorized to make any warranty in addition to those made in this warranty. The Customer is warned, therefore, to check this warranty carefully to see that it correctly reflects those terms that are important to the Customer.
8. Allocation of Risks
This warranty allocates the risks of product failure between NTFL and the Customer. This allocation is recognized by both parties and is reflected in the price of the good. The Customer acknowledges that it has read this warranty, understands it, and is bound by its terms.
This warranty gives you specific legal rights, and you may also have other rights which may vary from State to State or from other location to other location. This warranty will be construed and interpreted pursuant to the laws of the State of California and the laws of the United States. The original English language version (meaning) of this warranty controls over all translations; NTFL is not responsible for any errors in translation of this warranty. This warranty is not intended to confer any additional legal, jurisdictional or warranty rights to you other than those set forth herein or required by law. If any provision of this warranty is held to be invalid or unenforceable for any reason, such finding will not invalidate any other provision.