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ROCON LLC
ROCON / DELTAPOINT WARRANTY
1) ACCEPTANCE AND INTEGRATION CLAUSE: This Sales Order Acknowledgment and the
sales order information that Rocon LLC attaches to or associates with it (this
“Acknowledgement”), constitutes an acceptance by Rocon of an offer by the buyer upon the
conditions and terms and at the prices stated in this Acknowledgement. This
Acknowledgment contains the entire understanding of Rocon and the buyer regarding the
subject matter of this Acknowledgement. This Acknowledgement may only be modified by a
writing signed by the party against whom enforcement is sought.
2) WAIVER: Waiver by Rocon of any default(s) by the buyer shall not constitute waiver by
Rocon of any of the conditions of the agreement between Rocon and the buyer as set forth
here under with respect to any further or subsequent default by the buyer.
3) FORCE MAJEURE: Rocon shall not be responsible for failure or delays in deliveries due to
fire, strikes, breakdowns, acts of God, failure of carriers, inability to secure required materials,
or other causes beyond Rocon's control. Buyer waives any claims for damage arising by
virtue of delay in delivery of material by Rocon.
4) LIMITED WARRANTY:
(a) Warranty: For a period of one year from the date of manufacture, Rocon warrants that
each product covered by this Acknowledgement will be free from defects in material and
workmanship. In order to qualify for any remedy provided in this Acknowledgement, buyer
must give notice to Rocon within the one-year period, return the product to Rocon freight paid
and intact with Material Safety Data Sheets covering all substances passing through the
product or that form a residue on the product.
(b) Exclusive Remedy. The buyer's EXCLUSIVE REMEDY for failure of any product to
confo
rm to any warranty or otherwise for any defect is, at Rocon’s sole option, (i) repair, (ii)
replacement, or (iii) refund of the entire purchase price for the specific product. Without
limiting the foregoing, in no case will Rocon be liable for deinstallation of any defective
product or installation of any repaired or replacement product THIS REMEDY IS THE
EXCLUSIVE REMEDY AVAILABLE TO THE BUYER OR ANY OTHER PERSON. ROCON
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE, OR OTHER DAMAGES IN CONNECTION WITH ANY CAUSE OF
ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
(c) Disclaimer of Other Warranties. The express warranty in this Acknowledgement is in lieu
of any other warranty, express or implied. Without limiting the foregoing, ROCON
DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
5) Products purchased by OEMs (original equipment manufacturers) are warranted only for
the specific programs (installations for specific customers) designated when so identified.
6) Flow sensors are warranted for 5 years, electronic parts for 2 years
and ancillary check valves and shut off valves for 6 months.
Document #: 1400.9 Revision #: 6 Revision Date: 11/10/2004
