WARRANTY
Seller hereby warrants that the goods which are the subject matter of this contract will be
manufactured in a good workmanlike marmer and all materials used therein will
be
new and reasonably
suitable for the equipment.
Seller warrants that if, during a period of two years from date of
shipment of the equipment, the equipment rendered shall be found by the Buyer to be faulty or shall
fail to perform in accordance with Seller's specifications of the product, Seller shall at his expense
correct the same, provided however that Buyer shall ship the equipment prepaid to Seller's facility.
The seller's responsibility hereunder shall be limited to the replacement value of the equipment
furnished under this contract.
The foregOing shall constitute the exclusive remedy of the Buyer and
the sole liability of the Seller and i s i n lieu of all other warranties,
whether written, oral,
implied or statutory, except as to the title of the Seller to the equipment furnished. No implied
statutory warranty of merchantability or of fi mess for a particular puq:ose shall apply.
Seller does
not warrant any product or services of others which Buyer has designate�
SELLER MAKES NO WARRANTIES EXPRESSED OR IMPLIED OTHER THAN THOSE SET ODT
A B O V E . S E L L E R S P E C I F I C A L L Y E X C L U D E S T H E I M P L I E D W ARRAN T I E S O F
MERCHANTIBIL ITY AND FITNESS FOR A PARTICULAR PURPOSE.
THERE ARE NO
WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
IN NO
EVENT SHALL SELLER BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES OF WHATEVER NATURE.
Any equipnent returned for repair must
be
sent with transp:lrtation charges prepaid. the equipnent must
remain the property of the Buyer.
The aforementioned warranties are void if the value of
the
unit is
invoiced to the Seller at the time of return.
INDEMNIFICA TION
The Seller shall not
be
liable for any property damages whatsoever or claims of any kind whether based
on contract, warranty, tort including negligence or otherwise, or for any loss or damage arising out
of, connected with, or resulting from this contract, or from the performance or breach thereof, or from
all services covered by or furnished under this contract.
In no event shall the Seller be liable for speCial, incidental, exemplary or consequential damages
including, but not limited to loss of profits or revenue, loss of use of the equipment or any
associated equipment, cost of capital, cost of purchased power, cost of substitute equipment,
facilities or services, downtime costs, or claims or damages of customers or employees of the Buyer for
such damages, regardless of whether said claim or damages is based on contract, warranty, tort
including negligence or otherwise.
Unde!r no circumstances shall the Seller
be
liable for any personal injury whatsoever.
It is agreed that when the equipment furnished hereunder or any services furnished hereunder are
to
be
used or performed in connection with any nuclear installation, facility, or activity, Seller shall have
no liability for any nuclear damage, personal injury, property damage, or nuclear contamination to any
property located at or near the site of the nuclear facility.
Buyer agrees to indemnify and hold
harmless the Seller against any and all liability associated therewith whatsoever whether based on
contract, tort, or otherwise.
Nuclear installation or facility means any nuclear reactor and includes
the site on which any of the foregoing i s located, all operations conducted on such site and all
premises used for such operations.
It is the intention of 'the parties that this is a complete
indemnification and hold harmless agreement in regard to
all
claims arising from nuclear operations of
Buyer .
085
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