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Section 10: Maintenance
Revision – November 2004 10 - 1
Section 10: Maintenance
10.1 Warranty
Seller warrants the Equipment manufactured by it to be free from defects in
material and workmanship at the time of shipment from Seller's factory for a
period of twelve (12) months from the date of shipment, (herein referred to as the
"warranty period"). If, during the warranty period, any part of such Equipment is
found to have been defective or damaged at the time it was shipped, at Seller's
option it will either be repaired at Seller's factory, or it will be replaced by a similar
part provided that Buyer gives Seller immediate written notice upon the discovery
of any defective or damaged items, whereupon Seller shall have the option of
requiring the return of the defective material to establish the claim. This warranty
is expressly conditioned upon installation of the Equipment in accordance with the
Equipment drawings and instructions of the Seller, and upon Buyer availing itself
of the services of Seller's installation and startup advisors, to ensure the correct
installation and successful operation of the equipment.
As to all apparatus and products not manufactured by Seller which are component
parts of the Equipment, furnished by Seller, Seller's only obligation shall be to
obtain for Buyer such warranties or guarantees are obtainable from the
manufacturer's. Such warranties or guarantees shall extend over the longest period
of time obtainable in this instance without payment by Seller of additional
consideration therefor, and Seller shall use reasonable efforts to require its vendors
to fulfill obligations of their warranties of guarantees on such apparatus or
products furnished in connection with this quotation or any contract resulting
therefore.
The replacement or repair of defective parts, as aforesaid, shall be Buyer's only
remedy for breach of the material and workmanship warranties of Seller. As to the
Equipment of other manufacturers, resort shall be had against such manufacturers
only. No allowance will be made for repairs or alterations made without the
written consent of Seller, in which event all Seller's warranties hereunder shall be