4600 N. Mason Montgomery Road
·
Mason, OH 45040
800
-
677
-
0076
·
Fax: 513
-
923
-
5694
www.CinInd.com
·
A Subsidiary of The Armor Group, Inc.
Version 1.04
October 2014
In addition to the purchase money security interest lien
described above, Manufacturer shall have the right to
elect or assert Manufacturer's claim of a mechanics
lien against the property upon which the Equipment
may erected and to waive Manufacturer's right to
repossess under section (b) above at any time before
the expiration of the time fixed by law for filing such
lien.
CLAIMS/LIABILITY
-
a) Manufacturer shall not be liable for loss, damage,
detention, or delay resulting from causes beyond its
control or by acts of God, including floods, and acts of
foreign nations, or caused by fire, strike, civil or military
authority insurrection or riot, embargoes, car shortages,
wrecks or delay in transportation.
b) Manufacturer shall have no responsibility for loss or
damage to the Equipment after delivery to the carrier.
c) Manufacturer's liability arising out of the supplying of
the Equipment or its use shall not under any
circumstances exceed a credit of the purchase price,
F.O.B. Manufacturer's factory, of the Equipment.
d) IN NO EVENT SHALL MANUFACTURER BE
LIABLE
FOR
LIQUIDATED
DAMAGES,
OR
INDIRECT, OR CONSEQUENTIAL DAMAGE OF ANY
NATURE.
WARRANTIES
-
a) Manufacturer warrants to Purchaser that the material
and workmanship of the Equipment is of good quality
and free of defects and the Equipment of its own
manufacture and design delivered hereunder shall be
of the kind and quality described in the specifications,
and that it shall be suitable for performing the work
therein described; provided, however, that the work for
which it is intended shall have been fully and
adequately presented, shown and described to
Manufacturer. The warranty period will start upon
shipment from a facility of Manufacturer and conclude
based upon a separate prearranged warranty period
agreed to in writing by Manufacturer.
b) EXCEPT AS SPECIFICALLY PROVIDED IN (a)
ABOVE, MANUFACTURER MAKES NO WARRANTY,
EXPRESS OR IMPLIED, RELATING TO THE
EQUIPMENT, ITS MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE.
c) Manufacture does not provide a separate warranty
for parts or components not manufactured by
Manufacturer. Equipment, parts and accessories made
by other manufacturers are warranted only to the
extent of the original manufacturer's warranty to
Manufacturer, which if extendable, Manufacturer will
extend to Purchaser.
d) In the event of Manufacturer's breach of its warranty
as provided in (a) above, Manufacturer’s total liability
shall be to repair or replace the Equipment and in no
event shall Manufacturer have any liability for any
consequential, incidental or other special damages,
including but not limited to damages or loss of profits
resulting from failure of the Equipment or delay caused
by its repair.
e) All transportation costs of returning defective goods
shall be borne by Purchaser. All transportation costs of
returning repaired or replaced products to Purchaser
shall be borne by Purchaser.
f) This warranty shall not be in force and effect unless:
Purchaser is current with all payments due to
Manufacturer;
Purchaser
gives
Manufacturer
immediate notice of defective part or parts; Purchaser
affords the Manufacturer the opportunity to inspect
defective part or parts; material is still property of the
original owner; material is still part of the original
installation operating under normal usage (eight hours
per day and five days per week constitutes normal
usage); and material is properly maintained and
lubricated per factory instructions.
g) THE ABOVE WARRANTY DOES NOT COVER
PARTS
WHICH
UPON
INSPECTION
ARE
DETERMINED BY MANUFACTURER TO HAVE BEEN
SUBJECTED
TO
MISUSE,
NEGLECT,
ALTERATIONS, ACCIDENT, ABUSE, DAMAGE BY
FIRE, FLOOD OR OTHER SIMILAR CASUALTY.
PATENTS
-
Manufacturer shall hold Purchaser
harmless from any and all costs and damages which
shall be recovered against Purchaser in any suit at law
or in equity for any infringement of any Letters Patent
by reason of the use by Purchaser of the Equipment.
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ASHER
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ARRANTY
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OTICE
