21
K. Any defect and/or any loss, damage, cost or expense incurred by Owner or any third party to
the extent the same arise out of, relate to or result, in whole or in part, from any one or more
of the following:
i. Damage in transit or in handling;
ii.
Theft, vandalism, accident, war, insurrection, fire or other casualty;
iii. Incorrect installation, servicing or operation;
iv. Defects or damage caused by Owner or any third party, including misuse, neglect or
accident;
v. Exposure to marine environments, including frequent or sustained salt or fresh water
spray;
vi. Operation beyond factory rated capacity;
vii. Exposure to corrosive, chemical, ash, smoke, fumes, or the like generated or released
either within or outside of the structure on which the Components are installed from
sources such as chemical plants, plating operations, foundries, kilns, fertilizer plants or
paper plants regardless of whether or not such facilities are owned or operated by Owner
or an unrelated third party;
viii.
Any Industrial Maid Components that have been altered, modified or repaired by Owner
or any third party without Industrial Maid’s prior written consent;
ix.
The placement or attachment of any fixtures, equipment, accessories, materials, parts
or Components not furnished by Industrial Maid on or to any of the Industrial Maid
Components without the prior written approval of Industrial Maid;
x. Exposure to or contact with animals, animal waste and/or decomposition;
xi. The failure of Owner and/or any third party to:
a. properly handle, transport and/or store any Industrial Maid Components;
b. properly select and prepare a location that is adequate for where the Industrial Maid
Components will be installed;
c. properly erect and install the Industrial Maid Components, including, without limitation,
installing an improper material or material containing defects that are detectable
by visual inspection, or the failure to erect the Components in conformity with the
Industrial Maid’s Manuals;
d. properly design, construct and install all required heating, ventilation, air conditioning,
and mechanical systems;
e. properly design, construct and install all required insulation systems; and/or
f. properly maintain, operate, and use, if applicable, any Industrial Maid Components
either before or after installation.
4. Resolution of Warranty Claims.
In the event Industrial Maid is notified of a warranty claim
within the notice Period, in conformity with the notice requirements set forth in Section 2 above,
Industrial Maid shall, with the full cooperation of Owner, immediately undertake an investigation
of such claim. To the extent Industrial Maid shall determine, in its reasonable discretion, that
the warranty claim is covered by the foregoing Limited Product Warranty, Industrial Maid will, as
Owner’s sole remedy provide:
A. Parts only replacement: Ship replacement Components to the Owner as soon as is
reasonably possible and at Industrial Maid’s sole cost and expense. Industrial Maid shall
not be responsible to Owner for the cost of dismantling any defective Components or
installing replacement Components, all of which shall be and for all purposes remain the sole
