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II. LIMITED WARRANTY
This equipment is sold by MATHESON under the warranties set forth in the following
paragraphs. Such warranties are extended only with respect to the purchase of this
equipment directly from MATHESON or MATHESON's Authorized Agent as new
merchandise and are extended to the first Buyer thereof other for than the purpose of
resale.
For a period of one year from date of original delivery (ninety days in corrosive service)
to Buyer or to Buyer's order, this equipment, is warranted to be free from functional
defects in materials and workmanship and to conform to the description of this equipment
contained in this manual and any accompanying labels and/or inserts, provided that this
equipment is properly operated under the conditions of normal use and that regular and
periodic maintenance and service is performed or replacements are made in accordance
with the instructions provided. Expendable parts of this equipment are similarly
warranted to be free from functional defects in materials and workmanship and to
conform to the description of this equipment contained in this manual and any
accompanying labels and/or inserts. The foregoing warranties shall not apply if the
equipment has been repaired other than by MATHESON or a service facility designated
by MATHESON, or if this equipment has not been operated and maintained in
accordance with written instructions provided by MATHESON, or has been altered by
anyone other than MATHESON, or if the equipment has been subject to abuse, misuse,
negligence or accident.
MATHESON's sole and exclusive obligation and the Buyer's sole and exclusive remedy
under the above warranties is limited to repairing or replacing, free of charge, at
MATHESON's sole discretion, the equipment or part which is telephonically reported to
be a problem to the local MATHESON Branch Location, and which if so advised, is
returned with a written statement of the observed deficiency, not later than seven days
after the expiration of the applicable warranty, to the MATHESON Gas Equipment
Technology Center during normal business hours, transportation charges prepaid, and
which, upon examination, is found to comply with the above warranties. The Buyer
shall pay for return trip transportation charges for the equipment or part.
MATHESON shall not be otherwise liable for any damages including but not
limited to incidental damages, consequential damages, or special damages, whether
such damages result from negligence, breach of warranty or otherwise.
There are no express or implied warranties that extend beyond the warranties
hereinabove set forth. MATHESON makes no warranty of merchantability or
fitness for a particular purpose with respect to the equipment or parts thereof.
Acceptance of the equipment by the final buyer
indicates the final buyer’s
acceptance of all warranties and limitations set forth above.
