GLOBE VALVES OS & Y - FORGED - ISO 15761/API 602/B16.34
Australian Pipeline Valve - Installation, Operation and Maintenance Manual
32
W A R R A N T Y
1. LIMITED WARRANTY: Subject to the limitations expressed herein, Seller warrants that products
manufactured by Seller shall be free from defects in design, material and workmanship under normal
use for a period of one (1) year from installation but in no case shall the warranty period extend longer
than eighteen months from the date of sale. This warranty is void for any damage caused by misuse,
abuse, neglect, acts of God, or improper installation. For the purpose of this section, “Normal Use”
means in strict accordance with the installation, operation and maintenance manual. The warranty for
all other products is provided by the original equipment manufacturer.
2. REMEDIES: Seller shall repair or replace, at its option, any non-conforming or otherwise defective
product, upon receipt of notice from Buyer during the Manufacturer’s warranty period at no additional
charge. SELLER HEREBY DISCLAIMS ALL OTHER EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR
PURPOSE.
3. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR
INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.BUYER HEREBY ACKNOWLEDGES
AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL SELLER’S LIABILITY, IF ANY, EXCEED
THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S) PURCHASED DURING THE PREVIOUS CONTRACT YEAR.
4. LABOR ALLOWANCE: Seller makes NO ADDITIONAL ALLOWANCE FOR THE LABOR OR EXPENSE OFREPAIRING
OR REPLACING DEFECTIVE PRODUCTS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME.
5. RECOMMENDATIONS BY SELLER: Seller may assist Buyer in selection decisions by providing information
regarding products that it manufacturers and those manufactured by others. However, Buyer
acknowledges that Buyer ultimately chooses the product’s suitability for its particular use, as normally
signified by the signature of Buyer’s technical representative. Any recommendations made by Seller
concerning the use, design, application or operation of the products shall not be construed as
representations or warranties, expressed or implied. Failure by Seller to make recommendations or
give advice to Buyer shall not impose any liability upon Seller.
6. EXCUSED PERFORMANCE: Seller will make a good faith effort to complete delivery of the products as
indicated by Seller in writing, but Seller assumes no responsibility or liability and will accept no
back-charge for loss or damage due to delay or inability to deliver, caused by acts of God, war, labor
difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any
other causes of any kind whatever beyond the control of Seller. Under no circumstances shall Seller be
liable for any special, consequential, incidental, or indirect damages, losses, or expense (whether or
not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.
