Powrtran ProTabs, Installation And Operation Manual

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TameThe Waves
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Warranty
Any oral statement concerning the Products inconsistent with this warranty shall be of
no force or effect. The only warranties concerning the Products are made in writing
by Manufacturer. The Customer may not rely upon any statement or representation
concerning the Product made by any other person.
This Warranty is available to the Customer and is not transferable.
5. Customer shall examine any such Products for any damage, defect, or
shortage. All claims for any cause whatsoever (whether such cause be based on con-
tract, breach of warranty, negligence, strict liability, other tort, or otherwise) shall be
deemed waived unless made in writing and received by Manufacturer within thirty days
after Customer’s receipt of such Products or before such Products are used, whichever
shall occur first, or if such claim is for non-delivery of such Products, within thirty days
after the date upon which such Products were to be delivered; provided that as to such
claim not reasonably discoverable within such thirty-day period (including such claims
discoverable only in processing, further manufacture, other use, or resale), such claim
shall be made in writing and received by Manufacturer within 180 days after Custom-
er’s receipt of the Products. Failure of Manufacturer to receive written notice of any
such claim within the applicable time period shall be deemed an absolute and uncon-
ditional waiver by Customer of such claim irrespective of whether the facts giving rise
to such claim shall have been discovered or whether processing, further manufacture,
other use, or other resale of the Products shall have taken place. Products sold under
this Agreement shall not be returned without Manufacturer’s permission and trans-
portation charges for return shall not be paid by Manufacturer unless authorized in
advance.
6. Payment terms are net thirty (30) days form invoice date unless otherwise
agreed in writing. In the event Customer fails to fulfill the terms of payment, or in
case Manufacturer shall have any doubt at any time as to Customer’s financial respon-
sibility, Manufacturer may decline to make further deliveries except upon receipt of
cash or satisfactory security. Past due balances are subject to a late payment charge
of 1½% per month, or the maximum amount permitted by applicable law, whichever
is less. Customer shall reimburse Manufacturer for all taxes, excise, or other charges
which Manufacturer may be required to pay to any government (national, state, or
local) upon the sale, production, or transportation of the Products sold hereunder.
Customer shall pay all reasonable costs, fees (including attorneys’ fees), and expenses
incurred by Manufacturer in collecting monies due or to become due hereunder.
7. It is expressly understood that any technical advice furnished by Manufac-
turer with reference to the use of its Products is given gratis and Manufacturer assumes
no obligation or liability for the advice given or results obtained. All such advice is
given and accepted at Customer’s risk.
8. The agreements between the Manufacturer and Customer were made and
entered into by the parties in the State of Minnesota. In the event a dispute arises,
said dispute shall be settled in the District Court, Stearns County, Minnesota. The
agreement between Manufacturer and Customer shall be construed and interpreted according
to the laws of the State of Minnesota.