C E N T R I F U G A L H E A T E R - C S A
Chief Industries, Inc. 800-359-7600 WARRANTY - 416274
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(xiii) The failure of the Reseller, the Original Owner and/or any third party to:
(a)
properly handle, transport and/or store the Product or any component
part thereof;
(b)
properly select and prepare a site that is adequate for the installation
and/or operation of the Product or any component part thereof;
(c)
properly design and construct a foundation that is adequate for the
installation and/or operation of the Product or any component part
thereof;
(d)
properly set up, erect, construct or install the Product and/or any
component part thereof; and/or
(e)
properly operate, use, service and/or maintain the Product and each
component part thereof.
6.
Resolution of Warranty Claims
. In the event any nonconforming condition is discovered
within the Warranty Period and Chief is notified of a warranty claim as required by Section 4
prior to the end of the applicable Notice Period set forth in Section 3 above, Chief shall, with
the full cooperation of the Reseller and the Original Owner, immediately undertake an
investigation of such claim. To the extent Chief shall determine, in its reasonable discretion,
that the warranty claim is covered by the foregoing Limited Product Warranty, the following
shall apply:
A.
Warranty Claims With Respect to Covered Non-Conforming Conditions Discovered
Within the First Three Hundred Sixty Five (365) Days and Reported to Chief Within
Thirty (30) Days of Discovery. In the case of a warranty claim which relates to a
covered non-conforming condition that is discovered during the first three hundred
sixty five (365) days of the Warranty Period and is reported to Chief as required by
Section 4 within thirty (30) days of discovery as required by Section 3, Chief will, as
Chief’s sole and exclusive obligation to the Reseller and the Original Owner, and as their
sole and exclusive remedy, work in cooperation with the Reseller and the Original
Owner to correct such non-conforming condition, and in connection therewith, Chief
will ship any required replacement parts to the “ship to address” set forth in the
Accepted Purchase Order FOB Chief’s facilities in Kearney, Nebraska, and will either
provide the labor or reimburse the Reseller or the Original Owner, as may be
appropriate in the circumstances, for any out of pocket expense the Original Owner may
reasonably and necessarily incur for the labor that is required to correct such non-
conforming condition, provided that if work is to be performed by the Reseller or a
third party contractor, Chief may require at least two competitive bids to perform the
labor required to repair or correct the defect and reserves the right to reject all bids and
obtain additional bids. Upon acceptance of a bid by Chief, Chief will authorize the
necessary repairs.
B.
All Other Warranty Claims. Except as is otherwise provided in subsection 6A above, in
the case of all other warranty claims which relate to covered non-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