Book 35393065 (7/02)
52
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Warranty:
The Company warrants that parts man-
ufactured by it will be as specified and will be free from
defects in materials and workmanship. The Compa-
ny’s liability under this warranty shall be limited to the
repair or replacement of any part which was defective
at the time of shipment provided Purchaser notifies the
Company of any such defect promptly upon discovery,
but in no event later than three (3) months from the
date of shipment of such part by the Company. The
only exception to the previous statement is the ex-
tended warranty as it applies to the special airend ex-
change program.
Repairs and replacements shall be made by the Com-
pany F.O.B. point of shipment. The Company shall not
be responsible for costs of transportation, removal or
installation.
Warranties applicable to material and equipment
supplied by the Company but wholly manufactured by
others shall be limited to the warranties extended to
the Company by the manufacturer which are able to be
conveyed to the Purchaser.
Delivery
: Shipping dates are approximate. The Com-
pany will use best efforts to ship by the dates specified;
however, the Company shall not be liable for any delay
or failure in the estimated delivery or shipment of ma-
terial and equipment or for any damages suffered by
reason thereof.
The company makes no other warranty or representa-
tion of any kind whatsoever, expressed or implied, ex-
cept that of title, and all implied warranties, including
any warranty of merchantability and fitness for a par-
ticular purpose, are hereby disclaimed.
Limitation of Liability:
The remedies of the Purchaser set forth herein are ex-
clusive, and the total liability of the Company with re-
spect to this order whether based on contract, warran-
ty, negligence, indemnity, strict liability or otherwise,
shall not exceed the purchase price of the part upon
which such liability is based.
The Company shall in no event be liable to the Pur-
chaser, any successors in interest or any beneficiary
of this order for any consequential, incidental, indirect,
special or punitive damages arising out of this order or
any breach thereof, or any defect in, or failure of, or
malfunction of the parts hereunder, whether based
upon loss of use, lost profits or revenue, interest, lost
goodwill, work stoppage, impairment of other goods,
loss by reason of shutdown or non-- operation, in-
creased expenses of operation or claims of customers
of Purchaser for service interruption whether or not
such loss or damage is based on contract, warranty,
negligence, indemnity, strict liability or otherwise.
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