Terms of Service V2.3
Version: v2.3 | Last updated: September 9, 2025
1. Seller’s Limited Warranty
BayMeters warrants that all purchased items (“Purchased Items”) will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of BayMeters’ invoice, unless otherwise specified herein. This warranty applies only to the original Buyer and is non‑transferable.
2. Category Warranty
• Instruments (e.g., transmitters, converters, flowmeter primaries/secondaries): 12‑month limited warranty from invoice date, covering defects in materials and workmanship under normal use.
• Consumables & Sensors (e.g., pH/ORP electrodes, turbidity/optical windows, DO membranes/electrolyte, gaskets, O‑rings, filters, batteries, cables): 30‑day limited functional‑defect warranty from delivery (manufacturing defects only). Once placed in service, performance drift or damage caused by fouling, scaling, corrosion, abrasion, poisoning, dehydration, improper cleaning, or material incompatibility is excluded. After 30 days, support is available on a paid basis.
Inspection & DOA: Inspect on receipt and report shipping damage/shortages within 7 days; Dead‑On‑Arrival (DOA) must be claimed within 30 days.
Note: The 30‑day period does not represent the expected service life of consumables; actual life varies by medium, installation, and maintenance and can be substantially longer. This clause is intended to confirm early manufacturing defects only.
3. Buyer’s Responsibilities
The Buyer is solely responsible for correct selection, application, installation and maintenance of the Purchased Items and for providing adequate instructions and safety information to end users. The Buyer must implement reasonable process tolerances and safeguards to prevent indirect losses due to an individual instrument’s failure or drift.
4. Warranty Limitations & Disclaimer of Certain Damages
This limited warranty covers only direct defects in the Purchased Item itself. To the maximum extent permitted by applicable law, BayMeters shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages (including without limitation loss of production, downtime, loss of profits or revenue, or damage to other equipment) arising out of or related to the use of the Purchased Items.
BayMeters’ total aggregate liability under any theory (contract, tort, or otherwise) shall not exceed the price paid for the specific Purchased Item giving rise to the claim. Some states do not allow the exclusion or limitation of incidental or consequential damages; in such states, the above limitations shall apply to the fullest extent permitted by law.
5. Warranty Exclusions
This warranty does not apply to Purchased Items that (a) have been repaired, altered, or modified by any party other than BayMeters or its authorized centers; (b) have been subjected to misuse, negligence, accident, improper storage or handling; (c) have not been operated or maintained according to BayMeters’ written instructions; (d) have experienced wear and tear due to Buyer’s specific application, including exposure to harsh environments; (e) show damage or performance loss caused by fouling, scaling, abrasion, corrosion, or incompatibility with process fluids; or (f) are consumables or wear parts as defined herein.
6. Harsh Environments (Definition)
Harsh environments include, without limitation: operation outside specified temperature/pressure ranges; prolonged moisture; corrosive or H2S/Cl2 atmospheres; high dust/particulates; severe vibration/shock; radiation/UV exposure; water immersion for non‑IP rated items; extreme weather; biological infestation; abrasive slurries; and process fluids incompatible with wetted materials (e.g., 316L limits).
7. Claim Procedure & RMA
Buyer shall notify BayMeters in writing within the applicable warranty period and provide proof of purchase, serial number(s), detailed fault description, photos/data logs, and a completed troubleshooting checklist. An RMA number is required prior to any return. BayMeters may require remote diagnostics (phone/video) before issuing an RMA.
8. Remedies (Seller’s Option)
If a defect covered by this warranty is validated, BayMeters will, at its option: (a) repair the item; (b) replace it with a new or refurbished item of equal or better performance; or (c) refund the original purchase price less reasonable depreciation. These remedies are exclusive. Repaired or replaced items inherit the remaining warranty of the original item or 90 days from shipment, whichever is longer.
9. Logistics, Timing & Costs
Response & Diagnostics SLA: BayMeters will use commercially reasonable efforts to (i) acknowledge warranty requests within one (1) business day; and (ii) complete remote diagnostics within two (2) business days.
Replacement Lead Time: For validated hardware failures—(a) for non‑custom items, BayMeters will ship replacement ex‑factory within fourteen (14) calendar days; (b) for configured‑to‑order or custom items, lead time is quoted case‑by‑case and BayMeters does not guarantee a specific ship date. Transit times and customs clearance durations are outside BayMeters’ control and are not guaranteed.
Freight & Costs: Unless otherwise agreed in writing, Buyer pays inbound freight for returns; BayMeters pays outbound standard‑ground freight for validated warranty replacements. For No‑Fault‑Found or out‑of‑warranty returns, Buyer shall pay two‑way freight and evaluation/repair charges. BayMeters may instruct the Buyer to scrap in place and provide a certificate of destruction, or require the item to be returned. Title to defective items passes to BayMeters upon replacement or refund.
10. Acceptance, DOA & Non‑Warranty Returns
Buyer shall inspect goods upon receipt and notify BayMeters of any shipping damage or shortages within seven (7) days. Dead‑On‑Arrival (DOA) claims must be submitted within thirty (30) days of delivery. Non‑warranty returns (ordered in error or unused) are subject to prior approval, must be unopened/unused, and may incur a restocking fee up to fifteen percent (15%). Custom or configured‑to‑order items are non‑returnable.
11. Software/Firmware
Any software/firmware supplied with the products is licensed, not sold, on an “as is” basis. BayMeters does not warrant that software/firmware will be error‑free or uninterrupted. Updates may be provided at BayMeters’ discretion.
12. Compliance & Export Control
Buyer shall comply with all applicable laws and export controls. Products are not designed for life‑support or other safety‑critical applications; Buyer assumes all risk for such use. Buyer represents it is not on any restricted‑party list and will not re‑export to sanctioned destinations or end uses.
13. Disclaimer of Implied Warranties
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAYMETERS DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
14. Governing Law & Venue
These terms shall be governed by the laws of the State of California, without regard to its conflicts‑of‑law rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California.
15. Miscellaneous
Entire agreement; no waiver; severability; assignment only with prior written consent; headings are for convenience only. Any purchase order terms that conflict with these Service Terms are rejected unless expressly accepted in writing by BayMeters.
16. Warranty Service Contact
Website: https://baymeters.com Email: info@baymeters.com
Business hours: Monday–Friday, 9:00AM–5:00PM PT (excluding holidays).
17. Optional Service Upgrades (Available at Additional Cost)
These Terms set out BayMeters’ standard warranty and support. Upon Buyer’s written request, BayMeters may offer paid service upgrades or commercial options subject to a separate addendum or Service Level Agreement (SLA). Examples (for illustration only): (a) extended warranty (excluding consumables); (b) accelerated response windows; (c) pre‑positioned or consigned spare‑parts pools with agreed inventory responsibilities and fees; (d) enhanced advance‑replacement allowances; (e) dedicated support channel and reporting. Upgrades are subject to availability and may be limited by region, import/export rules, and inventory conditions. Unless expressly stated in the addendum, upgrades do not modify the liability limitations and exclusions in these Terms.
For our current service terms, please visit our Terms of Service page.