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English (US)

1. Limited warranty

New equipment manufactured by seller or service supplied by
seller is warranted to be free from defects in material and
workmanship under normal use and service for a minimum of
twelve (12) months from date of installation, eighteen (18) months
from date of shipment, unless otherwise stated in product warranty
guide (available upon request). In the case of spare or
replacement parts manufactured by seller, the warranty period
shall be for a period of twelve months from shipment. Seller's
obligation under this warranty is limited to repairing or replacing, at
its option, any part found to its satisfaction to be so defective,
provided that such part is, upon request, returned to seller's
factory from which it was shipped, transportation prepaid. Parts
replaced under warranty shall be warranted for twelve months
from the date of the repair, not to exceed the original warranty
period. This warranty does not cover parts damaged by
decomposition from chemical action or wear caused by abrasive
materials, nor does it cover damage resulting from misuse,
accident, neglect, or from improper operation, maintenance,
installation, modification or adjustment. This warranty does not
cover parts repaired outside seller's factory without prior written
approval. Seller makes no warranty as to starting equipment,
electrical apparatus or other material not of its manufacture. If
purchaser or others repair, replace, or adjust equipment or parts
without seller's prior written approval, seller is relieved of any
further obligation to purchaser under this paragraph with respect
to such equipment or parts, unless such repair, replacement, or
adjustment was made after seller failed to satisfy within a
reasonable time seller's obligations under this paragraph. Seller's
liability for breach of these warranties (or for breach of any other
warranties found by a court of competent jurisdiction to have been
given by seller) shall be limited to: (a) accepting return of such
equipment exw plant of manufacture, and (b) refunding any
amount paid thereon by purchaser (less depreciation at the rate of
15 % per year if purchaser has used equipment for more than
thirty [30] days), and canceling any balance still owing on the
equipment, or (c) in the case of service, at seller's option, redoing
the service, or refunding the purchase order amount of the
service or portion thereof upon which such liability is based.
These warranties are expressly in lieu of any other warranties,
express or implied, and seller specifically disclaims any implied
warranty of merchantability or fitness for a particular purpose, and
in lieu of any other obligation or liability on the part of the seller
whether a claim is based upon negligence, breach of warranty, or
any other theory or cause of action. In no event shall seller be
liable for any consequential, incidental, indirect, special or
punitive damages of any kind. For purposes of this paragraph, the
equipment warranted shall not include equipment, parts, and work
not manufactured or performed by seller. With respect to such
equipment, parts, or work, seller's only obligation shall be to
assign to purchaser the warranties provided to seller by the
manufacturer or supplier providing such equipment, parts or work.
No equipment furnished by seller shall be deemed to be defective
by reason of normal wear and tear, failure to resist erosive or
corrosive action of any fluid or gas, purchaser's failure to properly
store, install, operate, or maintain the equipment in accordance
with good industry practices or specific recommendations of
seller, including, but not limited to seller's installation and
operation manuals, or purchaser's failure to provide complete and
accurate information to seller concerning the operational
application of the equipment.