Seller warrants to the original purchaser (hereinafter “Buyer”) that the equipment provided under the original contract of sale to Buyer (hereinafter “Contract”) shall be free from defects in material or workmanship for a period of one (1) year, measured from the date of shipment to Buyer. The foregoing warranty will become void, and Seller will have no obligation whatsoever under this warranty, with respect to any of the following: equipment that is (i) equipment that is not used or maintained in a normal and proper manner, in accordance with all manuals and instructions; (ii) equipment that is modified, altered or repaired without the prior written approval of Seller; (iii) Buyer fails to make any payments when due in the Contract or (iv) equipment that is assigned, sold or transferred to an entity other than the Buyer. Seller will repair or replace at its option components which upon inspection it finds to be defective, based on claims made in writing to Seller within a reasonable time after discovery and within the warranty period. Components alleged to be defective must be returned to Seller for repair or replacement, freight prepaid, within thirty (30) days of Buyer’s receipt of the return authorization number, obtained from Seller, which must be clearly marked on the outside of the return container Replacement components may be shipped from Seller upon Buyer’s request and Seller’s receipt of a valid purchase order number so the validity of the warranty can be determined. Unless otherwise specified, replacement components shall be Delivered to Buyer “Ex Works Seller’s Factory” (Incoterms 2000). The Buyer is responsible to arrange and pay for transportation and insurance for replacement components to and from Seller. Any labor or equipment rental costs incurred in the dismantling and reassembly of the equipment shall be at Buyer’s sole expense. This warranty excludes equipment, materials and components furnished by the Seller but manufactured by another party, which may be incorporated in the equipment, line or system sold under the Contract. Such components and equipment shall bear no warranties other than the warranties extended by and enforceable against the manufacturer thereof at the time of delivery to Buyer (which warranties Seller will furnish on Buyer’s written request), for the period stated in that warranty.
THE WARRANTY STATED HEREIN IS PERSONAL TO BUYER AND SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EQUIPMENT FURNISHED HEREUNDER AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE WARRANTY SHALL CONSTITUTE BUYER’S EXCLUSIVE REMEDY WITH RESPECT TO THE EQUIPMENT FURNISHED HEREUNDER.
If Buyer or end-user removes or permits anyone to remove any safety equipment or warning signs or fails to observe any condition described in the warranty , or if any injury or damage is caused, in whole or in part, by the Buyer’s or end-user’s failure to comply with applicable federal, state or local safety requirements or Seller’s instructions as provided in the Contract , Seller shall have no obligation to Buyer, and Buyer shall indemnify and hold Seller harmless against any claims, loss or expense for injury or damage arising from the improper use of the equipment. Seller specifically disclaims any and all liability arising out of the operating of the equipment other than the warranty liabilities to the original Buyer.
BUYER UNDERSTANDS AND ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND, OR LABOR, EXPENSES, LOST PROFITS LOST OPPORTUNITIES, OR SIMILAR DAMAGES OF ANY KIND; AND REGARDLESS OF THE LEGAL THEORY OR CAUSES OF ACTION BY WHICH CLAIMS FOR ANY SUCH DAMAGES AS SET FORTH IN THE ENTIRETY OF THE ABOVE SECTION ARE ADVANCED, WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. FOR EQUIPMENT SOLD AND/OR INSTALLED OUTSIDE OF THE UNITED STATES OF AMERICA, IN ADDITION TO THE FOREGOING, SELLER MANUFACTURES AND SELLS ITS EQUIPMENT IN ACCORDANCE WITH AND NOT INFRINGING ON THE CUSTOMS, SPECIFICATIONS, PATENTS AND STANDARDS OF TRADE IN FORCE AND IN USE AND KNOWN TO SELLER IN THE UNITED STATES OF AMERICA. IT IS THE RESPONSIBILITY OF THE BUYER TO ASSURE THAT THE EQUIPMENT IS USED IN ACCORDANCE WITH AND NOT INFRINGING UPON THE CUSTOMS, SPECIFICATIONS, PATENTS AND STANDARDS OF TRADE IN FORCE AND IN USE IN THE COUNTRY OF INSTALLATION.
Ver. 001 102909cjs