Lincoln Electric Growth Series, Инструкция по сборке

Страница: 7 / 94

Assembly Guide
vii
Any claim by Buyer with reference to the Goods sold hereunder shall be deemed waived by the Buyer
unless submitted in writing to seller within the earlier of (i) thirty (30) days following the date Buyer
discovered or by reasonable inspection should have discovered, any claimed breach of foregoing warranty,
or (ii) 12 months following the date of shipment. Any cause of action for breach of the foregoing warranty
shall be brought within one year from the date the alleged breach was discovered or should have been
discovered, whichever occurs first.
Seller’s liability (whether under the theories of breach of contract or warranty, negligence, or strict liability)
for its Goods shall be limited to repairing or replacing Goods found by Seller to be defective, or at Seller’s
option, to refunding the purchase price of such Goods or parts thereof.
In no event shall seller be liable for consequential damages arising out of or in connection with
this agreement, including without limitation, breach of any obligation imposed on seller hereunder.
Consequential damages shall include without limitation, loss of use, income or profit, or loss sustained
as the result of injury (including death) to any person, or loss of or damage to property (including without
limitation property handled or processed by the use of the goods). Buyer shall indemnify seller against all
liability, cost or expense which may be sustained by seller on account of any such loss, damage, or injury.
Upon buyer’s receipt of shipment, Buyer shall immediately inspect the Goods. Unless Buyer provides
Seller with written notice of any claim for shortage, overcharge, or damage of Goods within ten (10) days
from invoice date, such Goods shall be deemed finally inspected, checked and accepted by Buyer and no
allowances shall be made thereafter. In absence of shipping and packaging instructions, Seller shall use its
own discretion in the choice of carrier and method of packing. Seller shall not be responsible for insuring
shipments unless specifically requested by Buyer and any insurance or special packaging so requested
shall be at Buyer’s expense and valuation.
Title to any Goods sold and risk of loss of such Goods passes to Buyer upon delivery by Seller to carrier
and any claims for losses or damages shall be made by Buyer directly with carrier.
A. In addition to the rights and remedies conferred upon Seller by law, Seller shall not be required to
proceed with the performance of any order or contract if the Buyer is in default in the performance of any
order or contract with Seller, and in case of doubt as to Buyer’s financial responsibility, shipments under
this order may be suspended.
B. No delay or omission by Seller in exercising any right or remedy provided for herein shall constitute a
waiver of such right or remedy and shall not be constituted as a bar to or a waiver of any such right or
remedy on any future occasion.
C. The sale of Goods shall be governed by the laws of the State of Nevada. Seller agrees to comply with
all applicable laws of the United States.
The invalidity or unenforceability of any one or more phrases, sentences, or sections shall not affect the
validity or enforceability of the remaining portions of this Agreement.
Limitation of
liability
Disclaimer of
consequential
damages
Acceptance and
transportation
Title and
risk of loss
General
conditions
Severability