E A V E T O W E R
Chief Industries, Inc. 800-359-7600 INTRODUCTION -9621144
Page 6
(xi)
The failure on the part of the Reseller, the Original Owner or its or their
third party contractors to satisfy the requirements of all applicable
statutes, laws, ordinances rules, regulations and codes, (including zoning
laws and/or building codes);
(xii)
The use of the Product for any purpose other than the purpose for which
it was designed; and/or
(xiii)
The failure of the Reseller, the Original Owner and/or any third party to:
(a)
properly handle, transport and/or store the Product or any
component part thereof;
(b)
properly select and prepare a site that is adequate for the
installation and/or operation of the Product or any component part
thereof;
(c)
properly design and construct a foundation that is adequate for the
installation and/or operation of the Product or any component part
thereof;
(d)
properly set up, erect, construct or install the Product and/or any
component part thereof; and/or
(e)
properly operate, use, service and/or maintain the Product and
each component part thereof.
6.
Resolution of Warranty Claims
. In the event any nonconforming condition is
discovered within the Warranty Period and Chief is notified of a warranty claim as
required by Section 4 prior to the end of the applicable Notice Period set forth in Section
3 above, Chief shall, with the full cooperation of the Reseller and the Original Owner,
immediately undertake an investigation of such claim. To the extent Chief shall
determine, in its reasonable discretion, that the warranty claim is covered by the
foregoing Limited Product Warranty, the following shall apply:
A.
Warranty Claims With Respect to Covered Non-Conforming Conditions
Discovered Within the First Three Hundred Sixty Five (365) Days and Reported
to Chief Within Thirty (30) Days of Discovery. In the case of a warranty claim
which relates to a covered non-conforming condition that is discovered during the
first three hundred sixty five (365) days of the Warranty Period and is reported to
Chief as required by Section 4 within thirty (30) days of discovery as required by
Section 3, Chief will, as Chief’s sole and exclusive obligation to the Reseller and
the Original Owner, and as their sole and exclusive remedy, work in cooperation
with the Reseller and the Original Owner to correct such non-conforming
condition, and in connection therewith, Chief will ship any required replacement
parts to the “ship to address” set forth in the Accepted Purchase Order FOB
Chief’s facilities in Kearney, Nebraska, and will either provide the labor or
reimburse the Reseller or the Original Owner, as may be appropriate in the
circumstances, for any out of pocket expense the Original Owner may
reasonably and necessarily incur for the labor that is required to correct such
non-conforming condition, provided that if work is to be performed by the
Reseller or a third party contractor, Chief may require at least two competitive
bids to perform the labor required to repair or correct the defect and reserves the
right to reject all bids and obtain additional bids. Upon acceptance of a bid by
Chief, Chief will authorize the necessary repairs.
B.
All Other Warranty Claims. Except as is otherwise provided in subsection 6A
above, in the case of all other warranty claims which relate to covered non-
