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Phoenix Unlimited LLC Equipment Warranty
Phoenix Unlimited LLC (the Company) warrants that the Equipment it manufactures and
delivers hereunder will be free of defects in material and workmanship for a period of
twelve months or 2000 hours of operation from the date of shipment, whichever occurs first.
Upon written request, Phoenix Unlimited shall, at its option, correct any nonconformity by
suitable repair to such Equipment, or furnish a replacement part F.O.B. point of shipment,
provided the Purchaser has stored, installed, maintained and operated such Equipment in
accordance with good industry practices and has complied with specific recommendations
of the Company. The Company shall not be liable for any repairs, replacements, or
adjustments to the Equipment or any costs of labor performed by the Purchaser or others
without the Company's prior written approval. The effects of corrosion, erosion and normal
wear and tear, are specifically excluded from warranty.
Correction by the Company of nonconformities whether patent or latent, in the manner and
for the period of time provided above, shall constitute fulfillment of all liabilities of the
Company for such nonconformities, whether based on contract, warranty, negligence,
indemnity, or strict liability with respect to or arising out of such Equipment.
The Purchaser shall not operate Equipment which is considered to be defective without first
notifying the Company in writing of its intention to do so. Any such use of Equipment will
be at the Purchaser's sole risk and liability and will void warranty coverage.
Accessories or equipment furnished by the Company, but manufactured by others, shall
carry whatever warranty the manufacturers have conveyed to the Company and which can
be passed on to the Purchaser.
The Company makes no other warranty or representation of any kind whatsoever,
expressed or implied, except that of title, and all implied warranties of merchantability
and fitness for a particular purpose are hereby disclaimed.
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