Honeywell International Inc. by and through its Retail Business (“Honeywell”) warrants (the “Limited Warranty”) to the original end customer (“Customer”) that, for its Howard Leight hearing protection products (the “Products”), for a period of one year commencing on the date such Product is shipped from Honeywell’s facility (such period, the “Warranty Period”), all components of such Product shall be free from faulty workmanship and defective materials.
This Limited Warranty is made only to Customer and may not be transferred to any other party. This Limited Warranty does not apply to Products not manufactured by Honeywell. Honeywell sells such non-Honeywell manufactured Products only on an “AS IS” basis. Products not manufactured by Honeywell may, in certain cases, be warranted by the third-party manufacturer for a period, and subject to such terms, as may be established by such manufacturer. To the extent legally and contractually permissible, Honeywell assigns to the Customer those warranties on the Product extended by the third-party manufacturer.
If, during the Warranty Period, it is determined that any component of a Product is defective due to faulty workmanship or defective materials, then such Product shall be returned to Honeywell. Honeywell shall not bear the expense of shipping such Product to Honeywell, except as otherwise agreed. Upon receipt of any such Product during the Warranty Period, Honeywell shall, at its expense, (1) in Honeywell’s sole discretion, repair or replace the Product, and (2) ship such Product to return it to its original location. Honeywell’s obligations shall arise only if Honeywell’s examination of the Product in question discloses to Honeywell’s satisfaction that the claimed defect or nonconformity actually exists. The warranties do not apply if, in the sole opinion of Honeywell, the Product has been damaged by accident, misuse, neglect, abuse, contamination, chemical or foreign substance exposure, or foreign object damage; any improper storage, installation, testing or use; any improper shipping or handling; any failure of electrical power, air conditioning, or humidity control; or any act of God, accident, fire or other hazard or if the Product has been subjected to maintenance, repair, installation, servicing, storage, operation, or use which is improper or otherwise not in compliance with Honeywell’s instructions. This Limited Warranty is valid only if the Product has not been tampered with or serviced by any party not authorized by Honeywell. Products which have been repaired or replaced by an authorized party during the Warranty Period are warranted for the remainder of the unexpired portion of the Warranty Period.
Products returned may be tested to verify the defect. If the Product is found to be in good working order or its inability to function properly is a result of user damage or abuse, Honeywell may (1) return the Product in the same condition as received (with the Customer bearing the responsibility for any freight charges) or, (2) if Honeywell has previously provided an immediate replacement to the Customer at a charge, Honeywell may retain the returned Product without providing any reimbursement or credit to the Customer. To the extent that repair is possible and requested by Customer, but not covered by this Limited Warranty, such repair will proceed only by agreement between Honeywell and Customer, and any charges for parts, labor, and/or freight will be the responsibility of the Customer.
In order for this Limited Warranty to be effective, Customer must notify Honeywell within 20 days of discovery of a defect. Customer must return the defective Product to Honeywell within the Warranty Period, properly packaged, and with insurance and transportation costs prepaid. Honeywell must receive the returned goods within 30 days or the claim will be cancelled. To maintain this Limited Warranty, the Customer must perform maintenance and inspections prescribed in the User’s Instructions, which shall include prompt replacement or repair of defective parts, and the replacement of parts per the maintenance schedule as prescribed in the User’s Instructions. Prior to return shipment, contact Honeywell Customer Service to obtain a return goods authorization (RGA) or Returned Materials Authorization (RMA) number. Returns must be accompanied with approved, written authorization and clearly be marked with the RGA/RMA number on the shipping container(s). No Product returns will be accepted without a valid Honeywell reference number. All Products must be cleaned and decontaminated prior to return shipment.
FOR THE SAKE OF CLARITY, THE EXPRESS WARRANTIES OF HONEYWELL DO NOT APPLY TO PRODUCTS NOT MANUFACTURED BY HONEYWELL, COUNTERFEIT PRODUCTS, SPARE PARTS, OR SERVICES, AND DO NOT APPLY TO PRODUCTS OR COMPONENTS THEREOF WHICH HAVE BEEN ALTERED, MODIFIED, REPAIRED, OR SERVICED IN ANY RESPECT EXCEPT BY HONEYWELL OR ITS REPRESENTATIVES. THE LIMITED WARRANTY DOES NOT COVER DEFECTS WHICH HONEYWELL DETERMINES WERE CAUSED BY NORMAL WEAR AND TEAR OR MAINTENANCE.
THE EXPRESS WARRANTIES OF HONEYWELL ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE EXPRESS OBLIGATION OF HONEYWELL STATED IN THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER LIABILITY OR OBLIGATION OF HONEYWELL, INCLUDING WITHOUT LIMITATION, ANY LIABILITY OR OBLIGATION FOR DAMAGE, LOSS, OR INJURY (WHETHER DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL) ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PRODUCTS. REPAIR OR REPLACEMENT (AT HONEYWELL’S OPTION) IS THE SOLE REMEDY FOR ANY SUCH DAMAGE, LOSS, OR INJURY. NO EXTENSION OF THIS WARRANTY WILL BE BINDING UPON HONEYWELL UNLESS SET FORTH IN WRITING AND SIGNED BY A HONEYWELL AUTHORIZED REPRESENTATIVE.
The laws of the State of New York shall apply to this Limited Warranty. Where any term of this Limited Warranty is prohibited by law, it shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect. The warranties provided in this Limited Warranty are the only warranties provided by Honeywell with respect to the Product, and may be modified or amended only by a written instrument signed by Honeywell.
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