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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
Page 48
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