Page VI
The Quality Name in High Voltage Switching
•
The Purchaser shall not repair, dismantle, or alter any of the Equipment without Southern
States’ written consent.
•
Any failure of Equipment either in service, testing or inspection will be promptly reported in
writing to Southern States within 24 hours of the failure so that adequate evidence can be
collected, appropriate diagnostic tests can be conducted, and analysis of the failure can be
determined.
•
Southern States will have no liability for any direct, indirect, consequential or remote damage
or injury, whether or not foreseen or foreseeable, to the Purchaser or any third party or person
for any damages or injury to person or property caused by Purchaser’s or any third party’s
actions, whether or not negligent, in the Use of the Equipment. Purchaser shall indemnify and
hold Southern States and its employees, officers and directors against any damage or injury
caused in whole or part by Purchaser’s or any third party’s action whether or not negligent,
resulting from the Use of the Equipment. Southern States expressly rejects any liability to third
parties. The Purchaser expressly waives any claim against Southern States, its employees,
officers, directors and affiliates, for injury or damage to person or property resulting from Use
of the Equipment not directly and solely caused by Southern States’ negligence. For the
purposes of clarity, Southern States shall not be liable, and be fully indemnified by the
Purchaser, for the following related to the Equipment: normal wear and tear, excessive use and
loading, improper interference or maintenance on the part of the Purchaser or third parties,
incomplete or false information given by the Purchaser, inappropriate or improper Use, faulty
operation, installation or start-up, faulty or careless handling, improper maintenance, use of
unsuitable operating materials/substitute materials, defective construction work, hazardous
ambient conditions unknown to the Purchaser, chemical, electro-chemical or electrical
influences, changes to the subject of delivery made without Southern States consent.
•
In the event that Southern States is found by a court of competent jurisdiction or a properly
empaneled arbitral body to be liable to the Purchaser for any reason, Southern States shall be
entitled to a reduction in the liability by taking into account the exceptions provided by statute,
law, and any counterclaims Southern States may have against Purchaser.
•
The failure of Purchaser to comply with these Terms of Use herein shall void any and all
warranties related to the Equipment. These Terms of Use shall be deemed to be part of the
binding contractual agreements between Purchaser and Southern States related to the
Equipment and shall govern over any inconsistent term or provision in such other contractual
agreements.
WCSR 40690314v3
