3FW&
13
WARRANTY AND LIMITATION OF LIABILITY
WARRANTY
Ingersoll Rand
company warrants that the equipment manufactured by it and delivered hereunder shall be free of defects in material and workmanship for a
period of twelve (12) months from the date of placing the equipment in operation or eighteen (18) months from the date of shipment, whichever shall occur
first. The foregoing warranty period shall apply to all equipment, except the following:
1. Compressors purchased with an accompanying Extended Warranty Kit that are operated solely on the included
Ingersoll Rand
synthetic lubricant will
have their bare compressor warranted for the earlier of twenty-four (24) months from the date of initial operation or thirty (30) months from the date of
shipment.
2. Replacement parts will be warranted for six (6) months from the date of shipment. Should any failure to confirm this warranty be reported in writing
to the company within said period, the company shall, at its option, correct such non-confirmity by suitable repair to such equipment, or furnish a
replacement part F.O.B point of shipment, provided the purchaser has installed, maintained and operated such equipment in accordance with good
industry practiced and has complied with specific recommendations of the company. Accessories or equipment furnished by the company, but
manufactured by others, shall carry whatever warranty the manufacturer conveyed to
Ingersoll Rand
Company and which can be passed on to the
purchaser. The company shall not be liable for any repairs, replacements, or adjustments to the equipment or any costs of labour performed by the
purchaser without company’s prior written approval.
The company makes no performance warranty unless specifically stated within its proposal and the effects of corrosion, erosion and normal wear and tear are
specifically excluded from the company’s warranty. In the event performance warranties are expressly included, the company’s obligation shall be to correct in
the manner and for the period of time provided above.
THE COMPANY MAKES NO OTHER WARRANTY OF REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, EXPECT THAT OF TITLE,
AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND HEREBY DISCLAIMED.
Correction by the company of non-conformities, whether patent or latent, in the manner and for the period of time provided above, shall constitute fulfillment
of all liabilities of the company and its distributers for such non-conformities with respect to or arising out of such equipment.
LIMITATION OF LIABILITY
THE REMEDIES OF THE PURCHASER SET FORTH HEREIN ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF THE COMPANY, ITS DISTRIBUTERS AND SUPPLIERS WITH
RESPECT TO CONTRACT OR THE EQUIPMENT AND SERVICES FURNISHED, IN CONNECTION WITH THE PERFORMANCE OR BRANCH THEREOF, OR FROM THE
MANUFACTURE, SALE, DELIVERY, INSTALLATION, REPAIR OR TECHNICAL DIRECTION COVERED BY OR FURNISHED UNDER CONTRACT, WHETHER BASED ON
CONTRACT, WARRANTY, NEGLIGIANCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE SHALL NOT EXCEED THE PURCHASE PRICE OF THE UNIT OF EQUIPMENT
UPON WHICH SUCH LIABILITY IS BASED.
THE COMPANY, ITS DISTRIBUTERS AND ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE TO THE PURCHASER, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY
OR ASSIGNEE OF THE CONTRACT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS CONTRACT
OR ANY BREACH THEREOF, OR ANY DEFECT IN, OR FAILURE OF , OR MALFUNCTION OF THE EQUIPMENT, WHETHER OR NOT BASED UPON LOSS OF USE,
LOSS PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF THE OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR
NON-OPERATION, INCREASED FOR SERVICE INTERRUPTION WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE,
INDEMNITY, STRICT LIABILITY OR OTHERWISE.
EN
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