CHART CryoDoser FleX, Product Manual

Page: 29 / 30

25 Product Manual - CryoDoser FleX
™
LN
2
Dosing System
All sales of Liquid Nitrogen Dosing Systems (“LN
2
Dosing
Systems”) from Chart Inc. (“Chart”) to the purchaser are
subject to all applicable Chart standard terms and conditions
in effect at the time of sale, unless otherwise agreed in
writing by an authorized representative of Chart. In addition
to the warranty stated in Chart’s Standard Terms and
Conditions of Sale, Chart warrants to the original purchaser
of Chart manufactured LN
2
Dosing Systems that for two (2)
years after the date of shipment to the original purchaser
said Chart manufactured LN
2
Dosing Systems will maintain
all performance standards for said LN
2
Dosing Systems
as published by Chart on the date of invoice. Warranty
replacements due to vacuum loss will also follow the same
warranty period and regulations.
Purchaser agrees that as a pre-condition to any Chart
warranty obligation hereunder, purchaser shall fully inspect
the LN
2
Dosing Systems immediately upon delivery to
purchaser and shall give Chart written notice of any claim
or purported defect within ten (10) days after receipt of
the LN
2
Dosing Systems. As a further pre-condition to any
Chart warranty obligation hereunder, purchaser shall return
said purportedly defective LN
2
Dosing Systems, freight
prepaid, to the plant of the manufacturer within thirty (30)
days after receipt of the LN
2
Dosing Systems. Chart shall
inspect the returned LN
2
Dosing Systems, and, if said LN
2
Dosing Systems is found defective, shall, at Chart’s option
as purchaser’s sole and exclusive remedy, either (i) repair
Warranty
or replace such LN
2
Dosing Systems or any defective
component or part thereof which proves to be defective,
or (ii) refund the net purchase price paid by the original
purchaser. Alterations or repairs by others or operation of
such LN
2
Dosing Systems in a manner inconsistent with
Chart accepted practices and all operating instructions,
unless preauthorized in writing by Chart, shall void this
warranty. This warranty does not extend to defects caused by
the effects of normal wear and tear, erosion, corrosion, fire,
or explosion.
Chart’s sole and exclusive liability under this Warranty is
to the original purchaser and shall not exceed the lesser
of the cost of repair, cost of replacement, or refund of the
net purchase price paid of the LN
2
Dosing Systems by
the original purchaser. Chart is not liable for any other
losses, damages, or costs of delays, including incidental or
consequential damages. CHART SPECIFICALLY MAKES
NO WARRANTIES OR GUARANTEES, EXPRESS
OR IMPLIED, INCLUDING THE WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR USE, OTHER THAN OR
WHICH EXTEND THOSE WARRANTIES EXPRESSED
HEREIN. The original purchaser shall indemnify, defend
and hold Chart harmless from any third party claims as a
result of the use, sale, or lease of the LN
2
Dosing Systems