American Geo Thermal CHILLBATCH AMC-20, Installation, Operation And Maintenance Manual

Page: 30 / 32

29
Warranty and Liability Clause
The warranty is extended by American Geothermal Inc. and applies to all commercial equipment and related accessories unless
otherwise stated.
The Company warrants for a period of 12 months from initial start-up or 15 months from date of shipment, whichever is less, that
the Company products covered by this order (1) are free from defects in material and workmanship and (2) have the capacities and
ratings set forth in the Company’s catalogs and bulletins, provided that no warranty is made against corrosion, erosion, or
deterioration. The Company’s obligations and liabilities under this warranty are limited to furnishing f.o.b. factory or warehouse at
Company designated shipping point, freight allowed to Buyer’s city (or port of export for shipment outside the conterminous Unites
States) replacement equipment (or at the option of the Company parts therefore) for all Company products not conforming to this
warranty and which have been returned to the manufacturer. The Company shall not be obligated to pay for the cost of lost
refrigerant. No liability whatever shall attach to the Company until said products have been paid for and then said liability shall be
limited to the purchase price of the equipment shown to be defective.
The Company make certain further warranty protection available on an optional extra-cost basis. Any further warranty must be in
writing, signed by an officer of the Company.
The warranty and liability set forth herein are in lieu of all other warranties and liabilities, whether in contract or in negligence,
express or implied, in law or in fact, including implied warranties of merchantability and fitness for particular use. In no event shall
the Company be liable for any incidental or consequential damages.
THE WARRANTY AND LIABILITY SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRATIES AND LIABILITIES,
WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR USE, IN NO EVENT SHALL WARRANTOR
BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.