Exothermics Tubular Heat Recuperators, Installation Guide 545, 3/20/2015
9
Material and Workmanship:
Manufacturer warrants that the equipment proposed
herein of their manufacture shall be free of defects in
workmanship or materials for a period of one year from
date of shipment. Should any failure or defect appear
within one year of date of shipment, manufacturer shall
upon written notification of said failure and substantiation
that the equipment has been
stored, installed
,
erected,
maintained, and operated in accordance with good
industry practice
and in accordance with manufacturer's
instructions, correct such non-conformity by repair or
replacement, F.O.B
.
factory. This warranty does not cover
labor or transportation charges for
the removal, exchange,
or reinstallation of the equipment.
Manufacturer shall not be responsible, nor shall allowance
be made, for work done, equipment furnished, or for
repairs or replacements made by the purchaser or others,
either with or without purchaser's approval, unless prior
written approval is made to the purchaser by the
manufacturer. Any unauthorized repairs or parts will void
the warranty.
Products or goods manufactured by others, supplied by
Exothermics, Inc. as a part of a
system, are not covered
by this warranty. Exothermics, Inc
., however,
will give their
customer
the benefit of any such adjustment as it finally
obtains from that respective manufacturer of
that
component or product
.
Freight damage is specifically excluded from this warranty
and is the responsibility of the
purchaser and the carrier
.
Damage as a result of the effect of corrosion, erosion,
excessive heat, freezing, dirt, dust or foreign
materials,
and normal wear for that application are specifically
excluded from this warranty
.
Performance Warranty
:
Performance figures or requirements, if any, must be
addressed in the quotation. Performance
warranty, if any,
must be specifically covered in the quotation
.
Where no
performance figures are specified or warranted the
manufacturer assumes no responsibility for compliance or
noncompliance
.
THE FOREGOING WARRANTIES ARE EXCLUSIVE
AND IN LIEU OF ALL OTHER WARRANTIES, EXCEPT
THAT OF TITLE, AND EXOTHERMICS-ECLIPSE
HEREBY DISCLAIMS ALL OTHER WARRANTIES,
WHETHER WRITTEN, ORAL OR IMPLIED, IN FACT OR
IN LAW (INCLUDING ANY WARRANTY
OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE)
.
LIMITATION OF LIABILITY: IN NO EVENT SHALL THE
MANUFACTURER BE HELD RESPONSIBLE OR
LIABLE ON ANY CLAIM WHETHER IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY
OR OTHERWISE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL
DAMAGES
RESULTING FROM THE PURCHASE OF SAID
EQUIPMENT
,
INCLUDING BUT NOT LIMITED
TO
INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR
LABOR, LOST PROFITS, LOST PRODUCTION, LOST
SALES, INJURY TO PERSON OR PROPERTY OR ANY
OTHER INCIDENTAL LOSS OR DAMAGE.
THE REMEDIES OF THE PURCHASER SET FORTH
HEREIN ARE EXCLUSIVE AND THE LIABILITY OF THE
MANUFACTURER WITH RESPECT TO ANY
CONTRACT, OR ANYTHING DONE IN CONNECTION
THEREWITH, OR FROM THE MANUFACTURE, SALE,
DELIVERY, INSTALLATION OR USE OF SAID
EQUIPMENT COVERED BY OR FURNISHED UNDER
THIS PROPOSAL AND CONTRACT WHETHER IN
CONTRACT, TORT, WARRANTY, STRICT LIABILITY,
OR OTHERWISE, SHALL NOT EXCEED THE
PURCHASE PRICE ACTUALLY RECEIVED BY THE
MANUFACTURER FOR THE EQUIPMENT IN
QUESTION.
Having a policy of cont
i
nuous product
i
mprovement,
Exothermics, Inc
.
reserves the right to change or alter
design or specification without notice.
Product Warranty
3
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