727-391-9009
Warranty
Seller warrants that the equipment delivered by seller will be of the kind and
quality described in the order or contract and will be free of defects in
workmanship or material. Should any failure to conform to this warranty appear
within three years seller shall, on notification, correct such nonconformity,
including nonconformance with the specifications, at its option, either by
repairing any defective part or parts, or by making available F.O.B. seller
’
s plant,
a repaired or replacement part.
This warranty is in lieu of all warranties of merchantability, fitness for purpose or
other warranties, express or implied, except of title and against patent
infringement. Correction of nonconformities, in the manner and for the period of
time provided above, shall constitute fulfillment of all liabilities of seller to
buyer, whether based on contract, negligence or otherwise with respect to, or
arising out of such equipment.
Neither party shall be liable for special, indirect, or consequential damages. The
remedies set forth in this instrument are exclusive, and the liability of seller with
respect to any contract or sale or anything done in connection with the same,
whether in contract, in tort, under any warranty, or otherwise, shall not, except
as expressly provided in this instrument, exceed the price of the equipment or
part on which such liability is based.
Any controversy relating to this agreement or any modification or extension of it
allowed by its terms shall be resolved by arbitration in the city of St. Petersburg,
Florida, administered by the American Arbitration Association under the then
prevailing Commercial Arbitration Rules.
