Manufacturers Limited Warranty
Manufacturer warrants that the equipment will, under normal
and anticipated use, be free from defects in refriger-ant
related parts for a period of one (1) year from and
after the date of shipment, and be free from defects in
electrical related parts for a period of ninety (90) days from
and after the date of shipment, but in all cases excluding
consumables and other matters as hereinafter provided.
Labor is NOT covered and shall be the sole cost and
responsibility of the Purchaser. The obligation of Manufac
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turer under this limited warranty is limited to the supplying
of parts (excluding consumables and all plastic parts) as
hereinabove specifically provided. Parts shall be new or
nearly new. Manufacturer assumes no liability for failure in
performing its obligations therunder if failure results, directly
or indirectly, from any cause beyond its control, including but
not limited to, acts of God, acts of government, floods, fires,
shortages of materials, strikes and other labor difficulties or
delays or failures of transportation facilities.
Manufacturer shall be liable to replace the applicable parts
only if (i) Manufacturer is properly notified by Purchaser
upon discovery of the alleged defects, (ii) defective parts
are returned to Manufacturer upon authorization with all
transportation charges prepaid by
Purchaser, (iii) Manufacturer’s examination of the parts
discloses to its satisfaction that the defects were not
caused by the Purchaser or its agents and (iv) the parts
are otherwise covered by Manufacturer’s limited warranty.
Purchaser shall be responsible to select the means of
transportation and bear the cost of inbound and out-bound
freight expense associated with any replacement parts, and
all risk of loss attendant thereto.
Notwithstanding anything contained in this warranty to the
contrary, (i) this limited warranty shall become null and void
upon the use of any improper chemicals or in the event any
modifications or improper service or installation is performed
on the equipment, (ii) this limited warranty does not apply to
consumable materials such as, but not limited to, indicator
lamps, fuses, all fluids, filters, coatings, seals, etc., and (iii)
this limited warranty is applicable only to Purchaser, and no
subsequent purchasers of the equipment from Purchaser
shall be entitled to any warranty whatsoever from Manu
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facturer, express or implied.
THIS WARRANTY CONSTITUTES THE SOLE AND EX
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CLUSIVE WARRANTY OF MANUFACTURER WITH RE
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SPECT TO THE EQUIPMENT, THERE ARE NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, AND MANU
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FACTURER SPECIFICALLY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
(WITHOUT LIMITATION), ANY AND ALL WARRANTIES
AS TO THE SUITABILITY OR MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR
PURPOSE OF THE EQUIPMENT FURNISHED HERE-
UNDER. THE EXCLUSIVE REMEDY OF PURCHASER
AGAINST MANUFACTURER FOR ANY BREACH OF THE
FOREGOING LIMITED WARRANTY SHALL BE TO SEEK
REPLACEMENT OF THE AFFECTED PARTS.
IN NO EVENT WILL MANUFACTURER’S LIABILITY
IN CONNECTION WITH THE EQUIPMENT WHICH IS
FOUND TO BE DEFECTIVE EXCEED THE AMOUNTS
PAID BY PURCHASER TO APPION HEREUNDER FOR
SUCH EQUIPMENT WHICH IS SPECIFICALLY FOUND
TO BE DEFECTIVE. THESE LIMITATIONS APPLY TO
ALL CAUSES OF ACTION IN THE AGGREGATE, BOTH
AT LAW AND IN EQUITY, AND INCLUDING WITHOUT
LIMITATION, BREACH OF CONTRACT, BREACH OF WAR
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RANTY, MANUFACTURER NEGLIGENCE, INFRINGE-
MENT, STRICT LIABILITY, MISREPRESENTATION AND
OTHER TORTS AND CONTRACTUAL CLAIMS. EXCEPT
FOR THE EXCLUSIVE REMEDY PROVIDED ABOVE FOR
MANUFACTURER’S BREACH OF THIS LIMITED WAR
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RANTY, PURCHASER, FOR ITSELF AND ITS SUCCES-
SORS AND ASSIGNS, HEREBY WAIVES AND RELEASES
MANUFACTURER FROM ANY AND ALL OTHER CLAIMS
OR CAUSES OF ACTION THEY HAVE AGAINST MANU-
FACTURER ON ACCOUNT OF OR ASSOCIATED WITH
THE EQUIPMENT PURCHASED HEREUNDER OR FOR
APPION BREACH OF THIS LIMITED WARRANTY. IN NO
EVENT SHALL MANUFACTURER BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED
TO, LOSS OF ANTICIPATED PROFITS, LOST SAVINGS,
LOST REVENUES, FINES, OR OTHER ECONOMIC LOSS
IN CONNECTION WITH OR ARISING OUT OF THE EXIS
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TENCE, FURNISHING, FUNCTIONING OR USE OF ANY
ITEM OF EQUIPMENT PROVIDED UNDER THIS AGREE-
MENT, EVEN IF MANUFACTURER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND/OR
SUCH DAMAGES ARE REASONABLE AND/OR FORE
-
SEEABLE. FURTHER, PURCHASER FOR ITSELF AND ITS
SUCCESSORS AND ASSIGNS, WAIVES AND RELEASES
ANY RIGHTS THEY MAY HAVE TO BRING AN ACTION
ARISING OR RESULTING FROM THIS AGREEMENT,
REGARDLESS OF ITS FORM, MORE THAN FIFTEEN (15)
MONTHS AFTER SHIPMENT OF THE AFFECTED EQUIP-
MENT BY MANUFACTURER TO PURCHASER.
The provisions of this warranty shall supersede any con-
trary provisions contained in this agreement, any docu-ment
supplied by Manufacturer to Purchaser or by Purchaser to
Manufacturer, or any other agreement, written
or oral, between Purchaser and Manufacturer, notwithstand
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ing the fact that the provisions contained in this warranty
directly conflict with other terms or provisions of this agree
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ment or such other documents, or that such other documents
or agreements were provided, delivered, made or executed
subsequent to this agreement unless such agreements are
in writing, specifically refer to this agreement, specifically
provide that they are amending this and are signed by the
President of Manfacturer.
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