Rev. 5.1 February 4, 2008 p. 12
8. General Warranty
SELLER WARRANTS ITS PRODUCTS AGAINST DEFECTS IN MATERIAL AND WORKMANSHIP IN
NORMAL USE FOR THE PERIOD OF ONE (1) YEAR. THIS ONE-YEAR PERIOD BEGINS ON THE DAY OF
INSTALLATION OR THIRTY (30) DAYS AFTER DELIVERY TO THE PLACE OF INSTALLATION, WHICHEVER
IS EARLIER. THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES (OTHER THAN TITLE),
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
SELLER'S LIABILITY FOR ANY CLAIM OF ANY KIND (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM
ANY SALE, OR FROM THE PERFORMANCE OR BREACH OF A SALES CONTRACT, OR FROM THE DESIGN,
MANUFACTURE, SALE, DELIVERY, RESALE, INSTALLATION, TECHNICAL DIRECTION OF INSTALLATION,
INSPECTION, REPAIR, OPERATION OR USE OF ANY EQUIPMENT COVERED BY OR FURNISHED UNDER A
SALES ORDER), SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE EQUIPMENT OR UNIT
THEREOF WHICH GIVES RISE TO THE CLAIM. NOR SHALL ANY LIABILITY OF ANY KIND EXTEND OR
ARISE BEYOND FOUR (4) YEARS FOLLOWING THE COMPLETION OF INSTALLATION OF THE
EQUIPMENT.
NOR SHALL SELLER BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHETHER AS
A RESULT OF BREACH OF CONTRACT OR TORT OR WARRANTY OR ALLEGED NEGLIGENCE OR
OTHERWISE, FOR INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR
DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, BUSINESS
INTERRUPTION, LOSS OF USE OF THE EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF
CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME COSTS OR CLAIMS
OF CUSTOMERS OF THE PURCHASER OR THIRD PARTIES FOR DAMAGES, EVEN IF SELLER HAS BEEN
ADVISED OF THE POSSIBILITY OF THOSE DAMAGES OR THEY ARE FORESEEABLE. SELLERS LIABILITY
IS FURTHER EXPRESSLY CONDITIONED UPON COMPANY RECOMMENDED MAINTENANCE PRACTICES
AND OPERATING LIMITATIONS BEING ADHERED TO AND PERFORMED ON THE PRODUCTS.
WITHOUT LIMITING THE FOREGOING, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT
EACH AND EVERY PROVISION OF THIS DOCUMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO BE SEVERABLE AND
INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH. FURTHER, IT IS EXPRESSLY
UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE
FAILED ITS ESSENTIAL PURPOSE, ALL OTHER LIMITATIONS OF LIABILITY AND EXCLUSION OF
DAMAGES SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT. ALL SUCH PROVISIONS
SHALL SURVIVE THE TERMINATION OF ANY RELATIONSHIP BETWEEN SELLER AND PURCHASER
.
The printed terms and conditions of any purchase order or other correspondence of
Purchaser or any vendor/reseller in connection with which Purchaser acquires the Product shall
not apply, insofar as they seek to modify the liability limitations and disclaimers set-forth in this
Section 12.0. To enable Seller to properly administer its warranty obligations, Purchaser shall
(a) notify Seller promptly in writing of any claims, (b) provide Seller with the opportunity to
inspect and test each item claimed to be defective. This inspection may be on Purchaser's
premises or Seller may request return of the product at Purchaser's expense. Such expense will
be subsequently reimbursed to Purchaser if the product is found to be defective. Adjustment is
contingent upon Seller's examination disclosing that apparent defects have not been caused by
misuse, abuse, improper application, repair, alteration, accident or negligence in use, storage,
transportation or handling; and that the original identification markings have not been removed,
defaced or altered. This limited warranty is not assignable by Purchaser (except as incident to a
financing arrangement or other special transaction the Seller has approved). Geographic
relocation of a product during the warranty period may result in exclusion of the product from
further warranty coverage.
ANY MODIFICATION, UNAUTHORIZED INSTALLATION, SETUP OR
SERVICING/REPAIR OF THE PRODUCTS BY ANY PERSONS OTHER THAN SELLER OR SELLERS
AUTHORIZED REPRESENTATIVE SHALL VOID THIS WARRANTY.
