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VI.
Terms & Conditions
INSPECTION OF EQUIPMENT:
RUWAC shall have the right to inspect, after prior notices, the equipment supplied by it
when in operation. If Buyer requires, RUWAC shall execute an appropriate secrecy agreement.
CONFIDENTIALITY:
All proposals, drawings, diagrams, specification, pricing, and other materials relating to the goods
included are the property and confidential information of RUWAC. Buyer shall not disclose such material or information
without the written approval of RUWAC.
BACK CHARGE:
RUWAC will pay claims for expenses of Buyer relating to labor and/or material supplied by Buyer only if
(a) RUWAC is advise in writing before such expenses are incurred (2) RUWAC gives Buyer its prior written consent to the
supply of such labor and/or material by buyer.
LIMITED WARRANTY:
RUWAC warrants that new equipment which are complete units and are sold and/or manufactured
by RUWAC, Inc. will be free from defects in material and workmanship for a period of 18 months from date of shipment
or 12 months from date of start-up, whichever comes first. RUWAC warrants that replacement parts sold hereunder will
be free from defects in material and workmanship for a period of 120-days after the date of shipment. RUWAC machines
that have been completely re-built at the factory will carry a 180-day warranty from date of shipment. All field repairs by
authorized RUWAC service personnel are covered by a 120-day parts only warranty. RUWAC, Inc. will not assume any
responsibility under the terms of this limited warranty on equipment, which have not been paid for in full. This warranty
does not apply to any equipment that has been disassembled, repaired, or otherwise altered by any person without the
written authorization of RUWAC’S service department, nor does it apply to any product that has been subject to failure
due to corrosive or abrasive attack, misused, damaged, or improperly installed, nor does it apply to motors, controls,
and components not manufactured by RUWAC, Inc. Motors, controls, and other Sub vendor’s components therefor are
warranted only to the extent of the manufacturer’s warranty. All warranty work on such products must be authorized by
RUWAC, Inc. and must be performed in an authorized shop as designated by the manufacturer. RUWAC sole liability and
buyer’s sole and exclusive remedy hereunder is the replacement or repair at RUWAC’S option of products not comply-
ing with this warranty. Such repair or replacement shall be F.O.B. RUWAC’S factory, and RUWAC reserves the right to
invoice all expenses incurred when repairs are made in the field at the request of the customer, except as specifically set
forth herein, RUWAC makes no warranty express or implied, with respect to the products and/or service supplied hereun-
der, this warranty is in lieu of and excludes all other warranties, including without limitation, any warranty of merchantabil-
ity, fitness for a particular purpose, or conformance to purchaser’s specifications.
LIMITATION OF LIABILITY:
RUWAC’S responsibility with respect to the goods and RUWAC’S obligations related thereto
should in no event exceed the purchase price of the goods. RUWAC shall not be liable to Buyer for any special incidental,
indirect, or punitive damages for any reason whatsoever, including, but without limitation damages in the form of (a) loss
of profits, revenues, or anticipated savings resulting from the failure of the equipment to meet specifications or warranties
(b) damages suffered by Buyer as a result of loss of production facilities or equipment (c) cost of replacement equipment
(d) damages suffered by customers of the Buyer (e) any fines or penalties assessed for failure to comply with any law or
government regulations.
REPAIR OF GOODS EXPOSED TO HAZARDOUS, TOXIC, OR INFECTIOUS MATERIAL:
Buyer shall ensure that any
goods submitted by Buyer or any of its customers to RUWAC for repairs or other service have been decontaminated and
cleaned (including sterilization, if appropriate) of any hazardous, toxic or infectious materials, including without limitation
any materials listed by the Environmental Protection Agency, OSHA, or any applicable state law as deserving or requiring
special treatment. Upon RUWAC’S request, Buyer or its customer shall certify in writing that such goods contain no such
hazardous, toxic, or infectious materials, and that such decontamination has taken place in accordance with accepted
parties and in accordance with all applicable laws and regulations. If special safety equipment is required to protect RU-
WAC’S service personnel from any such hazardous, toxic, or infectious materials during field service work or otherwise.
Buyer shall ensure that such safety equipment is provided and that the personnel are properly instructed. The provision of
this paragraph shall apply to all work to be performed by RUWAC’S service personnel at any time, whether or not covered
by warranty. Buyer shall defend and indemnify RUWAC for any and all losses, liabilities, expenses, and damages (includ-
ing attorneys’ fees) arising out of any failure of buyer or its customer to comply fully with the terms of this paragraph.
BUYER SUPPLIED DATA:
Buyer acknowledges that RUWAC has relied upon all specifications and other data supplied
by Buyer to RUWAC in the selection and design of the equipment and the preparation of this proposal. In the event the
site operating conditions differ from those represented by Buyer and relied upon by RUWAC, any warranties or
performance guarantees contained herein affected by such conditions shall be null and void, unless otherwise mutually
agreed upon in writing.
