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Instruction of Use
Leanne Cole's Article
Terms and condition for use of intrinsic modified meter
4 MIN READ
February 8, 2019
The terms and conditions for the use of the IS modified meter (“apparatus”) set out herein, will govern any relationship, agreement, obligation, connection or circumstance that may arise between Comtest Distribution (Pty) Ltd (“Comtest”) and/or its affiliates and/or the manufacturer of the apparatus (“Fluke”) and the end-user resultant from the use of the apparatus.
The end-user’s acceptance of delivery of the apparatus and/or services from Comtest shall be deemed to constitute acceptance of the terms and conditions contained herein.
Comtest warrants to the end-user that the apparatus purchased hereunder will conform to the applicable approved and accredited specifications for such apparatus and that any value- added work or modification performed by Comtest on such apparatus will conform to the industry specifications.
The end-user acknowledges and agrees that the apparatus is compliant with R10.1 of the Mine Health and Safety Act and/or EMR 8(1) of the Occupational Health and Safety Act, provided that the apparatus is used as relevant in accordance with: SANS 10086 and SANS 61241-10 requirements as applicable, any conditions as mentioned in the IA Certificate, any relevant requirements and codes of practice enforced in terms of the Mine Health and Safety Act or Occupational Health and Safety Act, any restrictions and conditions enforced by the Chief Inspector of Mines or the Principal Inspector or the Chief Inspector: Occupation Health and Safety.
In the event that Comtest and/or its affiliates and/or Fluke, is in breach of the aforesaid compliance and the product warranty, the end-user’s claim is limited to a refund of the purchase price for such apparatus (without interest), or the repair of such apparatus, or replacement of such apparatus, which election will be exercised by Comtest, provided that such apparatus must be returned to Comtest, along with acceptable evidence of purchase. No warranty will apply if the apparatus has been subject to misuse, neglect, accident, modification or use in any manner other than the special conditions for safe use, as stipulated below.
SAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, COMTEST AND/OR ITS AFFILIATES AND/OR FLUKE MAKES NO WARRANTY THAT THE APPARATUS IS SUITABLE OR FIT FOR USE FOR ANY PARTICULAR PURPOSE OTHER THAN STIPULATED HEREIN.
THE END-USER SHALL NOT BE ENTITLED TO, AND COMTEST AND/OR ITS AFFILIATES AND/OR FLUKE SHALL NOT BE LIABLE FOR, LOSS OF PROFITS OR REVENUE, INJURY TO ANY PERSON OR REPUTATION, LOSS/DAMAGES OF ANY NATURE WHETHER PUNITIVE DAMAGES, SPECIAL DAMAGES, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. THE END-USER HEREBY INDEMNIFIES AND HOLDS COMTEST AND/OR ITS AFFILIATES AND/OR FLUKE, HARMLESS FROM ANY CLAIMS ARISING WHATSOEVER, WHETHER OR NOT ARISING FROM COMTEST’S AND/OR ITS AFFLILIATE’S AND/OR FLUKE’S COMPLIANCE, SPECIFICATIONS, OR MODIFICATION OF ANY APPARATUS BY ANYONE OR USED IN COMBINATION WITH OTHER PRODUCTS.
The end-user acknowledges that it understands the special conditions for safe use, namely that:
The apparatus may only be powered by an Energiser type 6LR61-6AM6-9V dry cell battery; Only the measuring probes provided with the apparatus (FLUKE 177, 179 and 28II) may be used in voltage and temperature measurements; The DMM must only be used to measure voltages less than 10V in intrinsically safe circuits with matching safety parameters, and care must be taken to avoid bypassing any protection components such as barriers or isolators during measurements;
The current and resistance measuring inputs on the apparatus (FLUKE 177, 179 and 28II) are not safe for use in hazardous locations;
Care must be taken to avoid bringing the temperature probe in contact with any live electrical parts;
It has an obligation to maintain and calibrate the apparatus regularly, by no one other than Comtest;
The apparatus is intended for use in the Republic of South Africa only.
If the end-user fails to adhere to Comtest’s requirements and uses the apparatus for any other use or in other manner other than provided for under the special conditions for safe use, then the end-user acknowledges that:
Such use is at its sole risk; and
It agrees that Comtest and/or its affiliates and/or Fluke is not liable, in whole or in part, for any claim or damage arising from such use; and
It indemnifies and holds Comtest and/or its affiliates and/or Fluke harmless from any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use.
If any provision or part of a provision of these terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and does not affect the validity and enforceability of any remaining provisions.
Comtest reserves the right to amend these Terms and Conditions without notification from time to time. Comtest will publish such amendments by placing the amended terms and conditions on their website.
In the event that the apparatus is purchased by the end-user directly from Comtest, the terms and conditions of sale will also apply and should be read as if specifically incorporated herein. The end-user’s acceptance of delivery of the apparatus and/or services from Comtest shall be deemed to constitute acceptance of the terms and conditions of sale, which terms and conditions are published on Comtest’s website.
Notwithstanding any of the provisions contained herein, the risk associated with the use of the apparatus shall pass to the end-user on the date of delivery, including the risk of loss, theft, destruction or damage.
These terms and conditions constitute the whole agreement between the parties in a far as the use of the apparatus is concerned and no party shall be bound by any undertakings, representations, warranties and promises or the like not recorded herein.
The end-user hereby agrees and acknowledges that he/she has read and understands the content of the IA certificate enclosed in the packaging of the apparatus. Should the IA certificate not be included in the packaging the end-user will immediately inform Comtest, after which a copy will be sent to the end -user.