E A V E T O W E R
Chief Industries, Inc. 800-359-7600 INTRODUCTION -9621144
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conforming conditions that are discovered during the Warranty Period and are
reported to Chief as required by Section 4 within thirty (30) days following
discovery, Chief will, as Chief’s sole and exclusive obligation to the Reseller and
the Original Owner, and as the Reseller’s and the Original Owner’s sole and
exclusive remedy, ship any required replacement parts to the Original Owner at
the “ship to address” specified in the Accepted Purchase Order FOB Chief’s
facilities in Kearney, Nebraska; and in such event, Chief shall have no
responsibility or liability to either the Reseller or the Original Owner for the cost of
any labor required to repair or correct the defect.
7.
Warranty Not Transferable
. This Warranty applies only to the Reseller and the Original
Owner and is
not transferable
. As such, this Warranty does not cover any Product that
is sold or otherwise transferred to any third party following its delivery to the Original
Owner.
8.
Limitation on Warranties, Liabilities and Damages
. The Reseller and the Original
Owner expressly agree that the allocation of the risk, liability, loss, damage, cost and
expense arising from any Product that does not conform to the limited warranty given in
Section 2 above are fair and reasonable and acknowledge that such allocation was
expressly negotiated by the parties and was reflected in the Purchase Price of the
Product. Accordingly the Reseller and the Original Owner expressly agree as follows:
A.
Disclaimer of Implied Warranties. EXCEPT AS IS OTHERWISE EXPRESSLY
SET FORTH HEREIN, CHIEF MAKES NO OTHER REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR
IMPLIED, BY OPERATION OF LAW, COURSE OF DEALING OR OTHERWISE
WITH RESPECT TO THE PRODUCT, ANY COMPONENT PART THEREOF
OR ANY OTHER GOODS OR SERVICES THAT CHIEF MANUFACTURES,
FABRICATES, PRODUCES, SELLS OR PROVIDES TO THE DEALER OR
THE ORIGINAL OWNER PURSUANT TO THE TERMS OF ANY ACCEPTED
PURCHASE ORDER, INCLUDING WITHOUT LIMITATION ANY
REPRESENTATION OR WARRANTY WITH RESPECT TO DESIGN,
CONDITION, MERCHANTABILITY OR FITNESS OF THE PRODUCT OR ANY
OTHER GOODS OR SERVICES FOR ANY PARTICULAR PURPOSE OR USE.
B.
Limitation on Liability. EXCEPT AS IS OTHERWISE EXPRESSLY SET
FORTH IN SECTION 6 ABOVE, CHIEF'S LIABILITY TO THE DEALER
AND/OR THE ORIGINAL OWNER WITH RESPECT TO ANY DEFECTS IN
ANY PRODUCTS OR FOR ANY OTHER GOODS OR SERVICES WHICH DO
NOT CONFORM TO THE WARRANTIES SET FORTH ABOVE SHALL NOT, IN
ANY EVENT, EXCEED THE ACTUAL COST OF SUCH NON-CONFORMING
PRODUCT, GOODS OR SERVICES AS DETERMINED PURSUANT TO THE
ACCEPTED PURCHASE ORDER; AND
C.
Limitation on the Nature of Damages. EXCEPT AS EXPRESSLY PROVIDED
IN SECTION 6 ABOVE, CHIEF SHALL NOT, UNDER ANY CIRCUMSTANCES,
BE LIABLE TO THE DEALER, THE ORIGINAL OWNER OR ANY THIRD
PARTY FOR ATTORNEY FEES COURT COSTS OR ANY OTHER SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED OR PUNITIVE
DAMAGES OF ANY NAME, NATURE OR DESCRIPTION AS A RESULT OF
THE FAILURE OF ANY PRODUCT OR ANY OTHER GOODS OR SERVICES
PURCHASED BY THE DEALER OR THE ORIGINAL OWNER FROM CHIEF
PURSUANT TO THE ACCEPTED PURCHASE ORDER TO CONFORM TO
THE LIMITED WARRANTIES SET FORTH IN SECTION 2 ABOVE.
