7.3.
SEEPEX Inc. shall not be liable for any loss or damage resulting
from delay and/or late delivery due to causes beyond our
reasonable control. Notwithstanding anything herein to the
contrary, SEEPEX Inc.’s liability to customer on any cause of
action shall be limited to the amount paid by the customer on
the subject order. SEEPEX Inc. makes no warranties, express or
implied, with respect to articles or products manufactured or
provided by any party other than SEEPEX Inc., except to trans-
fer to the customer, where permissible, any warranty provided
to SEEPEX Inc. by the original manufacturer. On any claims for
repairs and/or replacement under such warranty, all costs in-
curred by SEEPEX Inc. which are not underwritten by the original
manufacturers shall be borne by the customer. Except as pro-
vided herein, SEEPEX Inc. expressly disclaims all representa-
tions, promises, or warranties, express or implied with respect
to any products, articles, work, or services, including any
warranties of merchantability and of fitness for a particular
purpose. All warranties made by SEEPEX Inc. shall be void where
the goods have been subject to misuse, neglect, damage or al-
teration. SEEPEX Inc. shall be held free and harmless from any
dispute or claim anywhere arising from and relating to infringe-
ment of patent, design, trademark, or copyright of items, sold
or repaired under this contract.
8. PROPERTY RIGHTS AND RISKS
8.1.
SEEPEX Inc. disclaims any liability or responsibility whatsoever with
regard to loss or damages to the customer’s property while in the
possession, custody or control of SEEPEX Inc. for requested repairs
or other services, and the customer expressly agrees to indemnify
and hold SEEPEX Inc. harmless against any and all claims for such
loss or damage.
9. HAZARDOUS MATERIALS
9.1.
Any hazardous materials or the existence of any hazards relative
to the condition of any product tendered to SEEPEX Inc. for service
or repair work must be disclosed by customer in writing in the RGA
Request Form, whether or not required to be disclosed per federal
law on the MSDS sheet.
Customer shall defend, indemnify and
hold SEEPEX Inc. harmless from and against any and all claims
of injury or damage, including attorney’s fees, caused by any
hazardous condition or material on or about products accepted
for service/repair. This obligation includes but is not limited to
claims of bodily injury or death suffered by SEEPEX Inc. employ-
ees, or by other parties.
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