ACCO Brands LOUDEN 200 Series Installation, Operation, Maintenance And Parts Manual Download Page 124

Page: 124 / 144

(a)

(b)

(c)

(a)

(b)

(c)

(d)

(e)

Acco Material Handling Solutions

76 Acco Drive, Box 792 York, PA 17405-0792
717-741-4863 800-967-7333 Fax 800-715-8897
e-mail: [email protected]
www.accomhs.com

PART OFTHE FKI GROUP OF COMPANIES

Neither Buyer nor User shall be entitled under this Agreement to recover from Seller any incidental or consequential
damages of any nature including but not limited to the cost of any labor expended by others in connection with the
goods sold hereby by reason of any alleged nonconformity or breach of warranty on the part of the Seller, nor costs
of material or account thereof, nor any lost profits whether determinable or speculative.

Under no conditions shall any goods be returned to Seller without its prior written consent.

The Buyer's sole and exclusive remedy for breach of any warranty is limited to Seller furnishing, at its expense,
duplicate or repaired parts F.O.B. Seller's plant with installation at Buyer's expense if discovery of a claimed defect
occurs during the allowable warranty period, and if Seller's inspection determines a defect exists.

The quantity of material shown by invoice shall in all cases govern settlement for shortages, unless notice of
shortage, appropriately documented, is given to the carrier and the Seller upon delivery by the Carrier.
Claims for errors, deficiencies or imperfections shall be deemed waived by the Buyer unless Seller is notified in
writing of the basis of such claims within 10 days after discovery of claimed defect and such discovery occurs within
the warranted period.

Buyer hereby waives all other warranties, guarantees, obligations, liabilities, rights, and remedies arising by law or
otherwise including any obligation Of liability of the Seller arising from tort, and Buyer shall indemnify Seller from any
liability, loss, damage, or claim arising from Buyer's tortious use of the goods sold hereby.

This sale is made WITHOUT ANY WARRANTY BY SELLER THAT THE GOODS ARE SUITABLE FOR ANY
PARTICULAR PURPOSE.

REMEDIES:

WARRANTIES:

The Seller warrants to the original using Buyer thereof that the goods sold under this Agreement are free

from defects in workmanship and materials for a period of two years from the date of shipment to the original using
Buyer. No other express warranties are given and no affirmation of Seller or Seller's agents, by word or action, shall
constitute a warranty. No warranty is made for components and accessories made by others when such items are
warranted by their respective manufacturers.

Installation or operation of the equipment in any manner other than as recommended by Seller, shall void the warranty.

Any variations in details between the goods furnished herein and those covered in Buyer's specifications are due to
standards of manufacture not to be construed as exceptions to the specifications.

DISCLAIMER OF IMPLIED WARRANTIES:

SELLER MAKES NO WARRANTY OF MERCHANTABILITY IN RESPECT TO THE GOODS SOLD UNDER THIS
AGREEMENT.