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WARRANTY
GarrettCom warrants equipment manufactured by it to be free from defects in materials and
workmanship for a period of three (3) years from date of shipment. If within the warranty period the
purchaser discovers such item was not as warranted above and promptly notifies GarrettCom in
writing, GarrettCom shall repair or replace the items at the company's option. This warranty shall not
apply to: (a) equipment not manufactured by GarrettCom; (b) equipment which shall have been
repaired or altered by anyone other than GarrettCom; (c) equipment which shall have been subjected
to negligence, accident, or damage by circumstances beyond GarrettCom control, or to improper
operation, maintenance or storage, or to other than normal use or service. With respect to equipment
sold but not manufactured by GarrettCom, the warranty obligation of GarrettCom shall, in all aspects,
conform and be limited to the warranty actually extended to GarrettCom by its supplier.
The foregoing warranties do not cover reimbursement for labor, transportation, removal, installation,
or other expenses that may be incurred in connection with repair or replacement.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND
IMPLIED WARRANTIES EXCEPT WARRANTIES OF TITLE, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
Anything to the contrary herein contained notwithstanding,
GarrettCom, ITS CONTRACTORS AND
SUPPLIERS OF ANY TIER, SHALL NOT BE LIABLE IN CONTRACT, IN TORT (INCLUDING
NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER.
The remedies of the purchaser set
forth herein are exclusive where so stated and the total cumulative liability of GarrettCom its contractors
and suppliers of any tier, with respect to this contract or anything done in connection therewith, such as
the use of any product covered by or furnished under the contract, whether in contract, in tort (including
negligence or strict liability) or otherwise, shall not exceed the price of the product or part on which such
liability is based.
Unless otherwise agreed to in writing by an authorized official of GarrettCom, products sold hereunder
are not intended for use in or in connection with a nuclear facility or activity. If so used, GarrettCom
disclaims all liability for nuclear damage, injury or contamination, and purchaser shall indemnify
GarrettCom against any such liability, whether as a result of breach of contract, warranty, tort (including
negligence) or otherwise.
