North Star CutoMato 51, Instruction Manual, Page: 22 / 22

3/9/2006
Page 2 of 2 TERMS AND CONDITIONS-Controlled Doc 12-22-05 (3).Doc
D. All tools, materials, software, programs, designs, or any technology created for the purpose of producing the EQUIPMENT are the sole
property of GLASSLINE, unless furnished by BUYER with the order. All intellectual property created by GLASSLINE shall remain
property of GLASSLINE.
5. WARRANTY
A. GLASSLINE warrants against defects in material and workmanship. Items manufactured by others but installed in or affixed to
GLASSLINE EQUIPMENT are not warranted by GLASSLINE, but bear only such express warranties, if any, of the manufacturer thereof.
GLASSLINE shall replace or repair at its choosing, (ex-works GLASSLINE Perrysburg, Ohio plant) any defective manufactured parts
without charge to BUYER. The warranty does not apply to any labor charges for removal and/or replacement, or to any part thereof which
has a life, under normal usage, inherently shorter than the warranty period. The warranty will be active for a period of:
1) Machinery: 12 months from date of shipping.
2) Replacement/Repaired parts: 6 months from date of shipping.
B. Warranty shall be deemed waived by BUYER if:
1)
The EQUIPMENT is not properly installed by BUYER, according to GLASSLINE installation instructions.
2) The EQUIPMENT has been subjected to misapplication or misuse, neglect, damaging conditions, or is modified in any way without
written approval by GLASSLINE.
3) The production or use of the EQUIPMENT for which it was not intended, or on products out of specification.
C. The warranty set forth herein is in lieu of all other warranties, whether express, implied or statutory, including those of merchantability and
fitness of any product for a particular purpose, and of any other obligation or liability on GLASSLINE's part of any kind or nature
whatsoever.
D. The warranty granted herein is non-transferable, and is granted only to the original BUYER.
E. No employee, agent or other representative has any authority to waive, alter, vary or add to the terms hereof without prior approval in
writing, signed by an officer of GLASSLINE.
6. LIMITATION OF LIABILITY
A. It is expressly understood that GLASSLINE's liability for any damages arising out of or related to this transaction, or for its EQUIPMENT,
whether in contract or in tort, is limited to the repair or replacement of the parts thereof as stipulated in the warranty, and is not to exceed
the contract price in respect to which the claim is made.
B. BUYER is solely responsible for ensuring the safety of all personnel who may be in close proximity to the EQUIPMENT.
C. GLASSLINE will not be liable for any other injury, loss, damage or expense, whether direct, incidental or consequential, including but not
limited to labor, loss of use, downtime, loss of material, products income, profit or production, or increased cost of operation, or spoilage of
damage to material, arising in connection with the sale, installation, use of, or inability to use, or the repair or replacement of, or late
delivery of, GLASSLINE EQUIPMENT.
D. BUYER shall indemnify, defend and hold harmless GLASSLINE and its directors, officers, agents and employees, against any and all
demands, claims, actions, damages, liabilities, costs, expenses (including reasonable attorney fees and expenses) and other losses of any
kind whatsoever, whether based upon theories of contract, tort, negligence, strict liability, warranty, indemnification, contribution, statute
or otherwise, for personal injury or property damage caused by BUYER or by any of its directors, officers, agents, employees or
subcontractors, arising out of or relating to the Equipment Buyer shall give GLASSLINE prompt written notice of any such matters and
the full opportunity to defend itself against them. This indemnity of BUYER shall survive the termination of this agreement.
E. The remedies and limitations set forth in this agreement are the exclusive remedies for claims based upon any defect in or failure of
EQUIPMENT, whether products or services, whether such claims are presented in contract or in tort (including negligence) and however
and wherever instituted. Upon the expiration of the warranty period, all such liability shall terminate.
7. ORDER ACCEPTANCE
GLASSLINE reserves the right to refuse any order. An order shall be deemed accepted and a binding contract formed when the initial
payment has been received and the order is acknowledged in writing by GLASSLINE.
8. CANCELLATION BY BUYER
BUYER may cancel the order for all or any EQUIPMENT by written notice prior to shipment. GLASSLINE will stop work on the order
as soon as possible after receipt of written cancellation. BUYER agrees to pay GLASSLINE for all costs incurred by GLASSLINE and/or
other suppliers attributed to the order, including but not limited to components, work-in-process, labor, burden and overhead. Such
payment will not transfer title to BUYER.
9. ARBITRATION AGREEMENT
Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration in accordance
with the rules of the American Arbitration Association and the statutes of the State of Ohio. All hearings held in connection with any such
arbitration shall be held in Toledo, Ohio (unless the parties agree otherwise in writing), the award of the arbitrator(s) shall be final and
binding upon the parties, and the judgment upon and the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.