P-K DURATION II
™ Indirect Domestic Water Heating System
26
7. DURATION II SPECIFIC LIMITED WARRANTY
Subject to the terms and conditions herein and the Terms and Conditions of Sale (as defined herein),
Seller warrants to Buyer that the product will be free of defects in material and workmanship, when
operated in accordance with the conditions stated herein, for a period of one (1) year commencing on
the date of shipment or, if a start-up report is furnished to Seller, on the date of receipt by Seller of such
start-
up report (the “Warranty Period”), provided that startup is completed within six (6) months of
shipment and the start-
up report is furnished to Seller within thirty (30) days of startup (this “Specific
Limited Warranty”). The Exclusions and limitations of liability set forth in the Terms and Conditions of
Sale (as defined herein) apply to this Specific Limited Warranty. Capitalized terms used but not defined
herein have the meanings ascribed to them under Seller’s terms and conditions of sale, which can be
found at
http://harscopk.com/warranty-2.php
(the “Terms and Conditions of Sale”). This Specific
Limited Warranty is transferrable to the owner that utilizes the product(s) purchased hereunder for its
intended use at the original installation site (the “Original Owner”). This Specific Limited Warranty is
non-transferable to anyone who subsequently receives or purchases products from the Original Owner.
I. REMEDY
Seller’s obligations under this Specific Limited Warranty is limited to repairing or, if in Seller’s judgment
it seems more appropriate, to furnishing without charge (installation not included), FCA Seller’s factory
(Incoterms 2010), a similar part to replace any part which after examination shall, to Seller’s own
satisfaction be determined to have been defective at the time it was shipped. In the event that a
replacement is provided by Seller, the defective item will become the property of Seller. Transportation
to Seller’s facility or other designated facility for repairs of any products or party alleged defective shall,
in all events, be at Buyer’s sole risk and cost. This warranty applies only if the original installer and
Seller (Attention: Harsco Industrial, Patterson-Kelley, 155 Burson Street, East Stroudsburg, PA 18301)
receive, within the Warranty Period, an immediate written notice, providing a detailed description of all
claimed defects, upon discovery of such defects together with proof of purchase (invoice or Order
Acknowledgment) and a copy of the start-up report for the affected product. Seller may seek
reimbursement of any costs incurred by Seller where the product is found to be in good working order,
or when it has been determined that this Specific Limited Warranty does not apply as per the
exclusions set forth below. The remedies available to Buyer set forth herein are exclusive remedies,
and all other remedies, statutory or otherwise, including but not limited to the right of redhibition, are
waived by Buyer. Buyer acknowledges that the exclusion of remedies is neither unreasonable nor
unconscionable. Buyer shall indemnify and hold Seller harmless against, any claim due to any injury or
death to any person or damage to any property resulting in whole or in part from any modification or
alteration Buyer makes to any product sold hereunder.
II. EXCLUSIONS
To the full extent permitted by law, Seller shall have no liability for and the Warranties do not cover:
(A) any product which has been altered or repaired by other than Seller's personnel;
(B) deterioration or failure of any product due to
(i) abrasion, corrosion, erosion or fouling,
(ii) misuse,
(iii) modification not authorized by Seller in writing or
(iv) improper installation, lack of or improper maintenance or operation;
(C) equipment not furnished by Seller by the owner, either mounted or unmounted, or when contracted
for by a party or parties other than Seller to be installed or handled;
