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responsibility of Owner.
5. Warranty Not Transferable.
This Warranty applies to original Owner and is
not transferable
.
As such, this Warranty does
not
cover any Industrial Maid’s Components that are sold or
otherwise transferred to third parties or any subsequent purchaser of the structure on which the
Components are originally installed.
6. Limitation on Warranties, Liabilities, and Damages
. Owner expressly agrees that the
allocation of the risk, liability, loss, damage, cost, and expense arising from defects in the
Components as set forth above are fair and reasonable and acknowledge that such allocation of
risk was negotiated by the parties and was reflected in the Purchase Price of the Components.
Accordingly, the Owner expressly agrees as follows:
A. Disclaimer of Implied Warranties. EXCEPT AS IS OTHERWISE EXPRESSLY SET FORTH
HEREIN, INDUSTRIAL MAID MAKES NO OTHER REPRESENTATIONS OR WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR
OTHERWISE WITH RESPECT TO ANY GOODS OR SERVICES THAT INDUSTRIAL
MAID SELLS OR PROVIDES TO OWNER INCLUDING WITHOUT LIMITATION ANY
REPRESENTATION OR WARRANTY WITH RESPECT TO MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OR USE, SUCH WARRANTIES ARE
EXPRESSLY DISCLAIMED.
B. Limitation on Liability. EXCEPT AS IS OTHERWISE EXPRESSLY SET FORTH IN
SECTION 4 ABOVE, INDUSTRIAL MAID’S LIABILITY TO OWNER FOR ANY GOODS OR
SERVICES WHICH DO NOT CONFORM TO THE WARRANTIES SET FORTH ABOVE
SHALL NOT, IN ANY EVENT, EXCEED THE ACTUAL ORIGINAL COST PAID BY OWNER
AS TO SUCH NON-CONFORMING COST OF SUCH NON-CONFORMING GOODS OR
SERVICES.
C. Limitation on the Nature of Damages. EXCEPT AS EXPRESSLY PROVIDED IN SECTION
4 ABOVE, INDUSTRIAL MAID SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE
TO OWNER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, LIQUIDATED OR PUNITIVE DAMAGES OF ANY NAME, NATURE OR
DESCRIPTION. INDUSTRIAL MAID IS NOT RESPONSIBLE FOR LOSS OF USE, LOSS
OF TIME, INCONVENIENCE FOR ANY REASON.
7. Applicable Law
. This Standard Limited Warranty shall be governed by, and construed in
accordance with, the internal laws of the State of Nebraska, USA. Any legal action or proceeding
arising under or with respect to this Agreement shall be brought only in the district courts of
Nebraska, or the United States District Court for the District of Nebraska. Industrial Maid and
Owner each hereby accepts for itself and in respect of its property, generally and unconditionally,
the jurisdiction of the aforesaid courts and each hereby irrevocably waives any objection thereto,
including, without limitation, personal jurisdiction or forum non conveniens.
This Limited Product Warranty gives you specific legal rights. No agent, employee, or representative
of Industrial Maid, nor any dealer, installer, fabricator, or other person is authorized to modify
this Warranty in any respect. The invalidity of all or a part of any of the provisions of this Limited
Product Warranty shall not affect or invalidate any other provision of this Limited Product Warranty.
Questions about this Limited Product Warranty may be directed to Industrial Maid, email: sales@
industrial-maid.com, phone: 1-877-624-3247 or visit our website at industrial-maid.com.
