ProBal warrants to the original purchaser that each new balancing machine, assembly, and hardware component it manufactures or supplies (including thirdâparty OEM parts) will be free from defects in material and workmanship and will conform to ProBalâs written specifications for twelveâŻ(12) months (the âWarranty Periodâ) beginning on the earlier of:
the date an eâmail âCommissioning Signâoffâ is issued by ProBalâs service team following successful commissioning at the buyerâs site, provided commissioning is completed within fourteenâŻ(14) calendar days after delivery; or
the fourteenth (14th) day after delivery if commissioning has not been completed and signed off by that date; or
the shipment date, for machines that are not commissioned by ProBal.
Software, firmware, programs, sample code, training aids, documentation, and any product sold âasâisâ are not covered.
A replacement part supplied under warranty is covered for the unexpired balance of the original 12âmonth term plus ninetyâŻ(90) additional days on that part if the original term has lapsed.
ProBal will, at its option, repair or replace any part proved defective within the Warranty Period.
If repair or replacement is, in ProBalâs sole judgment, impractical, particularly where the defect is cosmetic only, ProBal may issue a price credit or refund not exceeding the original purchase price of the affected item. These remedies are the buyerâs exclusive remedies.
This warranty does not cover:
Normalâwear consumables and expendables: belts, bearings, seals, cutting inserts or tools, filters.
Damage caused by misuse, negligence, accident, improper power supply, improper environment, failure to follow ProBalâs written operating or maintenance instructions, or installation/repair/modification performed without ProBalâs written direction.
Damage in transit. Risk of loss passes FOBâŻGainesville,âŻTexas.
Indirect losses or expenses (downtime, lost production, lost profits, incidental or consequential damages).
RMA Required. Buyer must obtain a written Return Material Authorization (RMA) from ProBal, supply supporting evidence (photos, logs, diagnostics), and ship the item to ProBal within fifteenâŻ(15) days of RMA issuance.
Freight Responsibility.
Domestic (U.S.):Â ProBal supplies a prepaid groundâservice return label and pays standard ground freight on the outbound replacement part. Expedited or premium freight is at the buyerâs expense.
International:Â Buyer pays all inbound and outbound freight, customs duties, VAT/GST, taxes, and brokerage.
Returned parts become the property of ProBal.
If inspection shows no defect, inspection/testing charges, return freight, and any other costs will be assessed caseâbyâcase as stated in the RMA.
Remote troubleshooting (phone, eâmail, virtual diagnostics) is provided free of charge during the Warranty Period. Onâsite service, commissioning, or field repairs are available only upon issuance of a purchase order and are billed at ProBalâs thenâcurrent published fieldâservice rates, plus travel and living expenses. The buyer bears all fieldâservice labor and travel costs even when a repair is covered by warranty parts.
Warranty service is suspended while any invoice owed by the buyer to ProBal is past due.
ProBal accepts unlimited liability for direct physical damage to the warranted goods themselves, subject to the remedies above. All indirect, incidental, special, punitive, or consequential damages are excluded.
Buyer shall defend, indemnify, and hold ProBal harmless from any thirdâparty claim for personal injury, death, or property damage arising from the buyerâs misuse, modification, or unsafe operation of the equipment, worldwide.
ProBal is not liable for delay or inability to perform warranty obligations caused by events beyond its reasonable control, including natural disaster, war, terrorism, labor unrest, supplyâchain embargo, epidemic, governmental act, or exportâcontrol restriction. Deadlines are extended for the duration of the event.
Governing Law. This warranty and any sale of ProBal products are governed by the laws of the State of Texas, U.S.A., excluding its conflictâofâlaws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Arbitration. Any dispute arising out of or relating to this warranty shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by a single arbitrator, with the seat of arbitration in Dallas, Texas, U.S.A. The award shall be enforceable in any court of competent jurisdiction.
Any claim must be filed no later than eighteenâŻ(18) months after the original shipment date of the equipment.
English is the controlling language of this warranty. Any translation is for convenience only.
These written terms supersede and control over any conflicting warranty or liability language in the buyerâs purchase order or other documents, unless ProBal expressly agrees otherwise in a signed writing.
ProBal Dynamic BalancingÂ
14 Whitleys Ridge Lane, Gainesville, TexasâŻ76240âŻUSA | support@tsâprobal.com | +1â940â668-1126