Seller expressly warrants to Buyer (a) that the equipment will comply with the
description set forth herein; (b) that the components and parts fabricated by Seller will
be free from detrimental defects in workmanship and materials.
If it appears within one year from date of shipment by Seller that the equipment does
not meet these express warranties and Buyer gives Seller prompt and reasonable
notice, Seller shall, at its option, either repair or replace at its expense, F.O.B. Seller’s
works, but not dismantle or reinstall, the defective parts provided, upon request such
parts are shipped freight prepaid to Seller’s works.
These warranties shall not apply if equipment is subjected to other than normal and
proper storage, handling, installation, operation and maintenance or to unauthorized
repairs or alterations. Equipment, components and accessories made by other
manufacturers are warranted only to the extent of the original manufacturer’s warranties
to Seller.
The foregoing warranty obligation of the seller shall constitute the sole and exclusive
remedy of the buyer and the sole liability of the seller, except as set forth herein and
except as to the title it is expressly agreed (a) that there is no warranty of
merchantability of any other warranty, express, implied or statutory, nor any affirmation
of fact or promises by Seller with respect to the equipment or parts or otherwise which
extend beyond the specifications mutually agreed upon in writing by Seller and Buyer,
and (b) that the Buyer acknowledges that it is purchasing the equipment solely on the
basis of the commitments of Seller expressly set forth herein, in no event shall Seller be
liable for special, indirect, or consequential damages including, without limitation,
anticipate profits..
WARRANTY
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