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INTRODUCTION
10HS
1.2
Seller’s Liability
Seller warrants new equipment of its own manufacture against de-
fective workmanship and materials for a period of one year from the
date of receipt of equipment.
Note: We do not consider the results of ordinary wear and tear,
neglect, misuse, accident as defects
.
The Seller’s liability for defective parts shall in no event exceed the
furnishing of replacement parts “freight on board” the factory where
originally manufactured.
Material and equipment covered hereby
which is not manufactured by Seller shall be covered only by the
warranty of its manufacturer. Seller shall not be liable to Buyer for
loss, damage or injuries to persons (including death), or to property
or things of whatsoever kind (including, but not without limitation,
loss of anticipated profits), occasioned by or arising out of the instal-
lation, operation, use, misuse, nonuse, repair, or replacement of said
material and equipment, or out of the use of any method or process
for which the same may be employed. The use of this equipment con-
stitutes Buyer’s acceptance of the terms set forth in this warranty.
There are no understandings, representations, or warranties of any
kind, express, implied, statutory or otherwise (including, but with-
out limitation, the implied warranties of merchantability and fitness
for a particular purpose), not expressly set forth herein.
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