PEBCO Dustless Loading Spouts, Manual

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PEBCO®
DUSTLESS LOADING/SELF-CONTAINED DUSTLESS LOADING SPOUTS WARRANTY
32
7 WARRANTY
WARRANTY: PEBCO® DUSTLESS LOADING/SELF-CONTAINED
DUSTLESS LOADING SPOUTS
WARRANTY
PEBCO® warrants to purchaser, upon the terms set forth, that the equipment purchased, so far
as the same is of PEBCO® ’s manufacture, is free from defects in material and workmanship
under normal use and service for a period of twelve (12) months from the date of shipment.
All equipment, including motors, manufactured by others, is warranted solely and exclusively by
their manufacturers and not by
PEBCO® , and PEBCO® hereby assigns to purchaser without
recourse to PEBCO® such warranty as is given by the manufacturer.
TERMS
PEBCO® ’s obligation under this warranty is limited to and shall be fully discharged by
PEBCO® repairing or at its option replacing f.o.b. point of manufacturer any part which is shown
to PEBCO® ’s satisfaction to have been defective as to material or workmanship, provided that
written notice of defect is delivered to PEBCO® ’s office in Paducah, Kentucky, within sixty (60)
days after defect is discovered, and in no event more than twelve (12) months and sixty (60) days
after shipment.
PURCHASER’S ACTS VOIDING WARRANTY
The warranty furnished by
PEBCO® herein will be rendered void by improper erection or
installation, if executed by other than PEBCO® , misuse, unauthorized alteration, substitutions,
repairs or modifications, neglect or accident, or damage to the equipment caused by improper
storage, abrasion, corrosion, and/or operation outside the rated load limitations for use of the
equipment.
PEBCO® shall not be liable for any repairs, replacements or adjustments to the
equipment or any cost of labor performed by the purchaser or others without PEBCO® ’s prior
written approval.
EXCLUSION OF ALL OTHER WARRANTIES AND LIMITATION OF CONSEQUENTIAL AND
INCIDENTAL DAMAGES.
1. THE W A R R A N T Y F U R N I S H E D B Y
P E B C O ® AS E X P R E S S L Y
I N C L U D E D HEREIN IS IN LIEU OF ANY OTHER WARRANTIES OR GUARANTIES
EXPRESSED OR IMPLIED.
PEBCO® MAKES NO OTHER WARRANTY OR
REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED,
EXCEPT THAT OF TITLE AND ALL IMPLIED WARRANTIES INCLUDING ANY
WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE HEREBY DISCLAIMED.
2. IN NO EVENT, BE IT DUE TO A BREACH OF WARRANTY OR ANY OTHER CAUSE
ARISING OUT OF PERFORMANCE OR NONPERFORMANCE OF THIS PROPOSAL
OR CONTRACT, SHALL
PEBCO® BE LIABLE FOR (1) CONSEQUENTIAL OR
INDIRECT LOSS OR DAMAGE INCLUDING BUT NOT LIMITED TO LOSS OF
PROFITS, COSTS TO PURCHASE SUBSTITUTE POWER, PLANT DOWNTIME,
PRODUCTION, INCREASED COSTS OF OPERATION, OR SPOILAGE OF MATERIAL,
OR (2) LOSS OR DAMAGE ARISING OUT OF THE NEGLIGENCE OF THE
PURCHASER, ITS EMPLOYEES, AGENTS, ENGINEERS OR ARCHITECT.