STANDARD WARRANTY AND CONDITIONS OF SALE
(Continued from Previous Page)
LIMITATION ON LIABILITY: CARRY PUMPS, INC. shall not be liable for any loss,
damage or injury resulting from delay in delivery or installation of the pump or for any
failure to perform which is due to circumstances beyond its control. CARRY PUMPS, INC. and
Purchaser agree it is a commercially reasonable allocation of risk that the maximum liability,
if any, of CARRY PUMPS, INC. for all damages, including without limitation contract
damages and damages for injuries to persons or property, whether arising from CARRY
PUMPS, INC.’ breach of this agreement, breach of warranty, negligence, strict liability or
other tort, is limited to an amount not to exceed the purchase price of the pump at issue in
the dispute and said liability is so limited. In no event shall CARRY PUMPS, INC. be liable to
Purchaser for any incidental, consequential or special damages, including without limitation,
lost revenues and profits, even if it has been advised of the possibility of such damages.
WARRANTY CLAIM PROCEDURE: This warranty is valid only if the following conditions
are complied with by the Purchaser: Purchaser shall notify CARRY PUMPS, INC. in writing of
the defect in the pump at issue within 30 days of discovery of the defect. The notice shall
include with it copies of the proof of purchase and the return receipt signed by a
representative of CARRY PUMPS, INC. as provided above. In the event repair or
replacement of the pump at issue is approved by CARRY PUMPS, INC., Purchaser shall, upon
written notice by CARRY PUMPS, INC. of the approval, return the pump to CARRY PUMPS,
INC., freight pre-paid. CARRY PUMPS, INC. will return the repaired or replaced pump to
Purchaser, freight prepaid. The repair or replacement of the pump shall not extend the
duration of the one-year warranty term.
GOVERNING LAW: This warranty shall be governed and controlled by and enforced in
accordance with the laws of the State of Michigan, U.S.A., in all respects.
FORUM: The parties agree they are of equal bargaining power and irrevocably submit
to the jurisdiction and venue of the Circuit Court for the County of Tuscola, State of
Michigan, or if original jurisdiction can be established, the United States District Court for
the Eastern District of Michigan, Northern Division, with respect to any performance or
breach of this agreement. The parties hereby stipulate that the venues referenced in this
agreement are convenient to each of them.
RETURNS: Authorization and shipping instructions for the return of any product must
first be obtained by the Purchaser from CARRY PUMPS, INC. or shipment will be refused.
Only unused standard product or materials of current design by CARRY PUMPS, INC.
purchased within a will be considered for return. Products are not eligible for return more
than 6 months after the initial ship date of the product. Custom products cannot be
returned for credit. If the returned product is in sellable condition, a credit memorandum
will be issued for the original purchase price, less a minimum restocking charge of 20%. If
there are any shipping charges that were paid by Carry Pumps, Inc., the amount of those
shipping charges will also be deducted from the credit amount.
GENERAL: These terms and conditions shall constitute a part of any contract which
may be entered into and shall not be altered, modified, or added to unless specifically and
expressly agreed to in writing by CARRY PUMPS, INC. All oral agreements and
representations of CARRY PUMPS, INC. or its representative to the Purchaser shall be
embodied in any written contract of which CARRY PUMPS, INC. is a part.
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