{16}
;
PRODUCT SATISFACTION In the event Buyer is not fully satisfied with the quality or workmanship of a product
purchased hereunder, Seller in its sole discretion may arrange either to credit Seller’s account (excluding shipping
and handling costs) or replace the product. However, Buyer must notify Seller in writing of its dissatisfaction within
fifteen (15) days of receipt of the product from Seller and immediately discontinue its use. Buyer also must return the
rejected product to Seller freight paid within thirty (30) days of its receipt in compliance with Seller’s Return Policy
stated below. Seller’s obligation is limited to providing the applicable credit or product replacement, which will be
processed only after receipt of the retuned product. In addition, this Product Satisfaction policy does not apply to
specially designed, discontinued, used, factory second or repaired products.
LIMITED WARRANTY Seller warrants to the initial purchaser only of products manufactured by it that such products
are free from defects in materials or labor for varying periods depending on the particular product and subject to
the limitations and conditions set forth herein. Seller’s stainless steel products are warranted to be free from such
defects for their normal useful life. Seller’s mechanical and electrical products, parts, devices and components
(including such parts, devices and components of stainless steel products), and other-non-stainless steel products
are warranted to be free from such defects for only one year. Seller disclaims any express or implied warranty for
products not manufactured by Seller and the only warranty available therefore to Buyer is that offered by the products’
manufacturers.
The warranty period shall run from the date of delivery to Buyer. If within the applicable warranty period a product
proves to be defective as described herein, Seller will repair or replace the product, at Seller’s sole discretion,
conditional upon Buyer’s written notice of the defect within fifteen (15) days after its discovery. Upon receipt of
Buyer’s notice including substantiation of Buyer’s status as the initial purchaser and details of the defect, Seller
shall advise Buyer whether it plans to repair or replace the product. Seller’s obligation is solely limited to repair or
replacement of a defective product and in no event shall Seller be liable for transportation from or to Seller’s offices
or any other expense which may arise in connection with this Limited Warranty or the aforementioned Product
Satisfaction policy.
SELLER MAKES NO OTHER WARRANTY OR GUARANTEE OF ANY KIND WHATSOVER, WHETHER EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF
FITNESS, AND/OR MERCHANTABILITY. THE ABOVE LIMITED WARRANTY CONSTITUTES SELLER’S ONLY
WARRANTY AND NO PERSON OR ENTITY IS AUTHORIZED, ON BEHALF OF THE SELLER, TO MODIFY OR
EXPAND UPON THE PROVISION EXPRESSED IN THIS PARAGRAPH NUMBER NINE. THE SELLER’S LIABILITY
UNDER THIS LIMITED WARRANTY SHALL BE LIMITED AS PROVIDED FOR ABOVE AND THE FOREGOING
SHALL BE THE BUYER’S SOLE REMEDY AND RECOURSE UNDER THIS CONTRACT. There are no warranties
which extend beyond the description on the face hereof and goods are sold as is. Seller’s Limited Warranty is only
available to the initial purchaser of its products and is effective only upon compliance with the terms set forth herein.
Buyer agrees that the products subject to this Limited Warranty will be properly maintained in the ordinary course
of business. Buyer agrees to comply with all instructions and specifications furnished by Seller relating to the
installation, care, use and application of products purchased. Buyer agrees that it will not modify, misapply, or misuse
such products in any manner which would deviate from Seller’s instructions. Any repairs, alterations or service
provided by parties other than Seller, or its authorized representative, may void this Limited Warranty. This Limited
Warranty shall not apply to normal wear and tear, improper or insufficient maintenance, routine maintenance, or
damage caused by accident, negligence, improper operation or the use of corrosive materials (including without
limitation bleach or sodium hypochlorite used on stainless steel surfaces). THE SELLER’S LIMITED WARRANTY
MADE IN CONNECTION WITH THIS SALE SHALL NOT BE EFFECTIVE AND SHALL BE VOID UNLESS SUCH
GOODS ARE APPLIED AND USED IN ACCORDANCE WITH SELLER’S INSTRUCTIONS.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO BUYER OR
ANY OTHER PERSON FOR ANY SPECIAL, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES BASED UPON LOST GOODWILL, LOST SALES OR PROFITS,
WORK STOPPAGE, DELAY, PRODUCT FAILURE, IMPAIRMENT OF GOODS OR OTHERWISE AND WHETHER
ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, and
in any case, Seller’s liability for any and all losses and damages sustained by Buyer and others, rising out of or by
reason of this contract, shall not exceed the original purchase price of the products upon which liability is founded.
IN NO EVENT SHALL ANY ACTION BE COMMENCED AGAINST THE SELLER MORE THAN ONE YEAR AFTER
THE CAUSE OF ACTION WITH RESPECT TO WHICH THE CLAIM IS MADE HAS ACCRUED. SELLER SHALL
NOT BE RESPONSIBLE FOR EXPENSES FOR REPAIRS NOT MADE BY SELLER WITHOUT THE PRIOR
WRITTEN CONSENT OF SELLER.
