WARRANTY
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examine all Product to determine whether or not the warranted
Product qualifies for the exclusive remedy set forth in these
Wastequip Terms. No benefits or remedies are available under
this limited warranty while the Invoice for the Product remains
outstanding.
In any action brought against Wastequip, regardless of the
form or forum, Wastequip shall not be liable to Buyer, end user,
customer or any third party for special, consequential, incidental,
liquidated or punitive damages and, under no circumstances
shall any award against Wastequip in favor of Buyer, end
user, customer or any third party exceed the amount paid to
Wastequip by Buyer for the Product, to the extent allowed by
law. Wastequip shall not indemnify Buyer, end user, customer
or any third party from potential claims by or against a third
party manufacturer or supplier. Further, Wastequip shall not
indemnify Buyer, Buyer’s customers, end users or any third party
against any claims, including but not limited to product liability
claims or workers compensation claims. The parties agree that
the foregoing remedy is reasonable and does not cause the
Wastequip’s Terms to fail of its essential purpose.
In the event of Buyer’s resale, redistribution, installation or other
similar action of any of the Products sold hereunder, in whatever
form unless otherwise expressly notified by Wastequip, Buyer
shall merely and solely pass the applicable Wastequip limited
warranties herein on to Buyer’s customer, end user or third
party, as applicable, but make no warranty on its own binding
Wastequip, third party manufacturer or supplier or any others,
and shall notify such purchaser, customer, end user or third
party of these Wastequip Terms and disclaimer of any Wastequip
warranty, in writing or otherwise.
Buyer and Buyer’s customers, end users or third parties assume
all risk and liability for loss or damage resulting from the handling,
use, storage, disposal or application of the Products delivered
hereunder. Further, Buyer and as applicable, Buyer’s customers,
end users or third parties’ shall defend, indemnify and hold
harmless and defend Wastequip (and Wastequip’s parent
company, its subsidiaries, affiliates, successors or assigns and
their respective directors, officers, shareholders and employees,
individually and collectively “Indemnified Parties”) against any
and all claims, demands, judgments, loss, injury, death, damage,
liability, deficiency, actions, interest, award, penalty, fine, cost
or expense, including reasonable attorney and professional fees
and costs, and the cost of enforcing any right to indemnification
hereunder and the cost of pursuing any insurance providers
arising out of or occurring in connection with the Products
purchased from Wastequip and involving Buyer’s and/or Buyer’s
customers’, end users’, or third parties’ acts, omissions,
negligence, misconduct, breach of Wastequip’s Terms; or relating
to a breach or non-fulfillment of any representation, warranty or
covenant under this Agreement by Buyer or Buyer’s personnel;
alleging or relating to any bodily injury, death of any person or
damage to real or tangible personal property caused by the acts
or omissions of Buyer or its personnel and/or Buyer’s customers’,
end users’, or third parties’; relating to a purchase of a Product
by any person or entity purchasing directly or indirectly through
Buyer and not directly relating to a claim of Limited Warranty
breach; or relating to any failure by Buyer or its personnel and/
or Buyer’s customers’, end users’, or third parties’ to comply
with any applicable laws or regulations. The right of Indemnified
Parties to be indemnified and held harmless under the foregoing
shall not be exclusive, but shall be in addition to any and all other
rights and remedies to which Indemnified Parties may be entitled
under this Agreement or otherwise.
Buyer and/or Buyer’s customers’, end users’, or third parties’
agree to familiarize itself and keep informed (without reliance
on Wastequip) with regards to any hazards to persons and/
or property involved in handling, use, storage, disposal or
application of the Products. Buyer and/or Buyer’s customers’, end
users’, or third parties’ shall advise its employees, customers,
independent contractors and others who handle, use, store,
dispose or apply such Products of any such hazards. Buyer and/
or Buyer’s customers’, end users’, or third parties’ represent and
warrant that the Products sold by Wastequip will not be used in
connection with any applications where failure or malfunction
could create a situation in which personal injury or death is likely
to, or could occur.
LIMITATION OF REMEDIES AND LIABILITY
THESE LIMITED AND CONDITIONAL WARRANTIES ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER WRITTEN OR
UNWRITTEN, EXPRESS OR IMPLIED REPRESENTATIONS,
SPECIFICATIONS, WARRANTIES AND REMEDIES, HEREIN
OR ELSEWHERE, OR WHICH MAY ARISE UNDER LAW OR
EQUITY, OR PURSUANT TO ANY COURSE OF DEALING
OR CUSTOM OR USAGE OF TRADE, AND WASTEQUIP
EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR
A PARTICULAR, SPECIFIED OR INTENDED PURPOSE OF
THE PRODUCT, EXCEPT FOR WARRANTY OF TITLE. THERE
ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHICH
EXTEND BEYOND THE SEPARATE WRITTEN WARRANTY
REFERENCED ON THE FACE HEREOF. NON-PAYMENT
SIXTY (60) DAYS PAST THE DATE OF AN INVOICE MAY VOID
WARRANTY. DETERMINATION OF THE SUITABILITY OF THE
PRODUCT COVERED BY THIS AGREEMENT FOR THE USE
CONTEMPLATED BY THE BUYER OR BUYER’S CUSTOMERS
IS THE SOLE RESPONSIBILITY OF THE BUYER IN
CONNECTION THEREWITH; BUYER ASSUMES ALL RISK AND
LIABILITY FOR LOSS, DAMAGE OR INJURY ARISING OUT OF
OR RELATING TO THIS AGREEMENT, INCIDENT TO THE USE
OR POSSESSION OF THE PRODUCT FURNISHED UNDER
THIS AGREEMENT, OR THE SUPPLYING OF PRODUCTS
TO BUYER OR ANY SERVICES PROVIDED TO BUYER, ANY
