81
WARRANTY AND LIMITATION OF LIABILITY
WARRANTY INFORMATION
A. Seller warrants that its products and parts, when shipped, and
its work (including installation, construction and start-up), when
performed, will meet all applicable specifications and other
specific product and work requirements (including those of per-
formance), if any, of this agreement, will be of good quality and
will be free from defects in material and workmanship. All claims
under this warranty must be made in writing immediately upon
discovery and, in any event, within one (1) year from shipment of
the applicable item unless Seller specifically assumes installa-
tion, construction or start-up responsibility. All claims when Seller
specifically assumes installation, construction or startup respon-
sibility, must be made in writing immediately upon discovery and,
in any event, within one (1) year from completion of the applica-
ble work by Seller, provided, however all claims must be made
in writing no later than eighteen (18) months after shipment.
Defective items must be held for Seller’s inspection and returned
to the original f.o.b. point upon request. THE FOREGOING IS
EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHAT-
SOEVER, EXPRESS, IMPLIED AND STATUTORY, INCLUD-
ING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS.
B. Upon Buyer’s submission of a claim as provided above and its
substantiation, Seller shall at its option either (i) repair or replace
its product, part of work at the original f.o.b. point of delivery or (ii)
refund an equitable portion of the purchase price.
C. THE FOREGOING IS SELLER’S ONLY OBLIGATION AND
BUYER’S EXCLUSIVE REMEDY FOR BREACH OF WAR-
RANTY AND, EXCEPT FOR GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT. THE FOREGOING IS BUYER’S
EXCLUSIVE REMEDY AGAINST SELLER FOR ALL CLAIMS
ARISING HEREUNDER OR RELATING HERETO WHETHER
SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY)
OR OTHER THEORIES.BUYER’S FAILURE TO SUBMIT A
CLAIM AS PROVIDED ABOVE SHALL SPECIFICALLY WAIVE
ALL CLAIMS FOR DAMAGES OR OTHER RELIEF, INCLUD-
ING BUT NOT LIMITED TO CLAIMS BASED ON LATENT
DEFECTS.
IN NO EVENT SHALL BUYER BE ENTITLED TO INCIDENTAL
OR CONSEQUENTIAL DAMAGES.
ANY ACTION BY BUYER ARISING HEREUNDER OR RELAT-
ING HERETO, WHETHER BASED ON BREACH OF CON-
TRACT, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY) OR OTHER THEORIES, MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES OR IT SHALL BE BARRED.
D. In the event certifications are required, certifications are based
on adherence to rigid fabrication, assembly and test procedures
during production at our manufacturing facility and attest to the
condition of the product at the time of shipment. Any disassem-
bly, modifications, testing, tampering or inadequate storage of
products covered by the certifications will void the certifications.
Should disassembly or re-setting of this product be necessary,
such work must be conducted in the presence of, and under
procedures approved by Seller in order to maintain validity of the
certifications.
Summary of Contents for ATE-2
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