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WARRANTY
Mine Safety Appliances Company
General Express Warranty and
Terms of Sale
1. Express Warranty -
MSA warrants that the product
furnished under this order is free from mechanical
defects or faulty workmanship for a period of one (1)
year from first use or eighteen (18) months from date
of shipment, whichever occurs first, provided it is
maintained and used in accordance with MSA’s
instructions and/or recommendations. This warranty
does not apply to expendable or consumable parts
whose normal life expectancy is less than one (1) year
such as, but not limited to, non-rechargeable batter-
ies, filament units, instrument filters, lamps, fuses, hel-
met suspensions, limited-use clothing, gloves, etc. or
to products whose life is controlled by government
regulations such as cylinders. Rubber products
including, but not limited to, facepieces, head har-
nesses, and nosecups are warranted against defects
in workmanship for dry rotting of the rubber for a peri-
od of 5 years from the date of manufacture.
Replacement parts and repairs are warranted for nine-
ty (90) days from the date of repair of the product or
sale of the replacement part, whichever occurs first.
MSA shall be released from all obligations under this
warranty in the event repairs or modifications are
made by persons other than its own or authorized ser-
vice personnel or if the warranty claim results from
misuse of the product. No agent, employee or repre-
sentative of MSA may bind MSA to any affirmation,
representation or modification of the warranty con-
cerning the goods sold under this contract. MSA
makes no warranty concerning components or acces-
sories not manufactured by MSA, but will pass on to
the Purchaser all warranties of manufacturers of such
components.
THIS WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, AND IS STRICTLY LIMITED TO THE
TERMS HEREOF: MSA SPECIFICALLY DISCLAIMS
ANY WARRANTY OF MERCHANTABILITY OR OF FIT-
NESS FOR A PARTICULAR PURPOSE.
2. Exclusive Remedy -
It is expressly agreed that the
Purchaser’s sole and exclusive remedy for breach of the
above warranty, for any tortious conduct of MSA, or for
any other cause of action, shall be the repair and/or
replacement, at MSA’s option, of any equipment or parts
thereof, that after examination by MSA are proven to be
defective. Replacement equipment and/or parts will be
provided at no cost to the purchaser, F.O.B. MSA’s plant.
Failure of MSA to successfully repair any non-conforming
product shall not cause the remedy established hereby to
fail of its essential purpose.
3
Exclusion of Consequential Damages -
Purchaser
specifically understands and agrees that under no circum-
stances will MSA be liable to Purchaser for economic,
special, incidental or consequential damages or losses of
any kind whatsoever, including but not limited to, loss of
anticipated profits and any other loss caused by reason of
the nonoperation of the goods. This exclusion is applica-
ble to claims for breach of warranty, tortious conduct or
any other cause of action against MSA.
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