300FWF996 Page 38
At the expense of the Purchaser, any product properly preserved must be inspected by an
authorized agent of the Company, prior to the Company, granting any extended warranty
beyond that stated in this warranty.
LABOR TRANSPORTATION AND INSPECTION
The Company will provide labor, by Company representative or authorized service personnel, for
repair or replacement of any product or part thereof which in the Company's judgment is proved not to
be as warranted. Labor shall be limited to the amount specified in the Company's labor rate schedule.
Labor costs in excess of the Company rate schedules caused by, but not limited to, location or
inaccessibility of the equipment, or labor provided by unauthorized service personnel is not provided for
by this warranty.
All costs of transportation of product or parts claimed not to be as warranted and, of repaired or
replacement parts to or from such service facility shall be borne by the Purchaser. The Company may
require the return of any part claimed not to be as warranted to one of its facilities as designated by the
Company, transportation prepaid by the Purchaser, to establish a claim under this warranty.
Replacement parts provided under the terms of this warranty are warranted for the remainder of the
Warranty Period of the product upon which installed to the same extent as if such parts were original
components.
The Company may request a root cause analysis be performed in-order to identify if a
request for warranty claim meets the requirements of this warranty.
DISCLAIMER
Except as to title, the foregoing warranty is the sole and exclusive warranty of the Company. The
Company hereby extends other manufactures warranty or guaranties, if any given to Company by such
manufacturer, but only to the extent the Company is able to enforce such warranty or guaranties. The
Company has not authorized any party to make any representation or warranty other than as expressly
set forthherein. SELLER HEREBY DISCLAIMS AND EXCLUDES ANY OTHER EXPRESS,
IMPLIED OR STATUTORY WARRANTIES, ARISING BY OPERATION OF LAW OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS OF ANY KIND WHATSOEVER (EXPRESS, IMPLIED OR STATUTORY), OF
LAW OR OTHERWISE, ON ANY EQUIPMENT, COMPONENT PARTS OR ACCESSORIES SOLD
HEREUNDER WHICH, ARE NOT MANUFACTURED BY COMPANY.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE FOREGOING
WARRANTY SHALL BE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE
PURCHASER. UNDER NO CIRCUMSTANCES, WHETHER IN CONTRACT, TORT OR
OTHERWISE, SHALL THE COMPANY S TOTAL LIABILITY ARISING IN CONNECTION WITH
ANY PURCHASE ORDER EXCEED THE AMOUNT OF ANY SALES OR OTHER PROCEEDS
RECEIVED PURSUANT THERETO. IN ADDITION, UNDER NO CIRCUMSTANCES, WHETHER
IN CONTRACT, TORT OR OTHERWISE, SHALL THE COMPANY BE LIABLE FOR
LIQUIDATED, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, EXPENSES OR COSTS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
FACILITY DOWNTIME, HOWEVER CAUSED AND EVEN IF THE POTENTIAL OF SUCH
DAMAGES WAS DISCLOSED AND/OR KNOWN.
No statement, representation, agreement, or understanding, oral or written, made by any agent,
distributor, representative, or employee of the Company which is not contained in this Warranty will be
binding upon the Company unless made in writing and executed by an officer of the Company.
This warranty shall not be effective as to any claim which is not presented within 30 days after
the date upon which the product is claimed not to have been as warranted. Any action for breach
HALLIBURTON EXHIBIT 1013, Page 44
