MRF 13216, Руководство оператора

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5. Location of Warranty Repairs. All warranty repairs pursuant to this Limited
Warranty shall be made at Messer’s corporate manufacturing plant, or other loca-
tion as determined by Messer, at its discretion. Purchaser shall be responsible for
and pay for any transportation expenses necessary for Limited Warranty repairs.
6. Limited Warranty Voidable. The limited warranty herein is void and deemed
waived if the purchaser fails to give written notice to Messer of any alleged defect
under the limited warranty herein within 20 days of its discovery; or (a) purchaser
or parties other than Messer or its authorized representatives attempts to remedy
or fix the alleged Equipment defects; or (b) purchaser has used the Equipment for
purposes it was not intended to be used for; or (c) purchaser has not operated the
Equipment in a manner consistent with Messer’s instructions for the Equipment;
or (d) the Equipment has been modified, altered, abused, or misused; or (e) the
Equipment has been damaged pursuant to accident, fire, flood, or other Act of
God.
7. No Consequential Damages. IN NO EVENT SHALL MESSER BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAG-
ES WHATSOEVER, AND MESSER’S LIABILITY, UNDER NO CIRCUM-
STANCES, WILL EXCEED THE PRICE PAID FOR THE EQUIPMENT FOR
WHICH LIABILITY IS CLAIMED.
8. Governing Law. This contract shall be governed by the laws of the State of
Minnesota.
9. Arbitration. Any controversy or claim arising out of or relating to the limited
warranty provided herein, or any alleged breach thereof, shall be settled exclu-
sively by arbitration in accordance with the Rules of the American Arbitration As-
sociation, and judgment upon the award rendered by the arbitrator may be entered
in any court having jurisdiction thereof. The arbitration shall be conducted in
Minneapolis, MN, by one arbitrator selected by Messer and Purchaser, or, if they
cannot agree, the President of the American Arbitration Association.
Rev. 7-20
Warranty