Patterson-Kelley Thermific, Инструкция по установке и эксплуатации

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Thermific
®
Gas-Fired Boiler Limited Warranty
Page 42
7.0 LIMITED WARRANTY
7.1 E
XPRESS
W
ARRANTY
Seller warrants that the products sold hereunder are
free of defects in material and workmanship, when
operated in accordance with the conditions stated
herein, for a period of one (1) year after date of
startup, provided that startup is completed within six
(6) months of date of shipment. Such warranty shall
not apply to any product that has been altered or re-
paired by other than the Seller's personnel. Seller's
obligation under this warranty is limited, however, to
repairing or, if in Seller's judgment it seems more ap-
propriate, to furnishing without charge, F.O.B. Seller's
factory, a similar part to replace any part which after
examination shall, to its own satisfaction be deter-
mined to have been defective at the time it was
shipped. Installation of said part is not included. This
warranty applies only if Seller receives an immediate
written notice upon discovery of such defect. Seller
makes no warranties covering deterioration or failure
due to corrosion, erosion or fouling or due to improper
installation or operation. The remedies available to
Buyer set forth herein are exclusive remedies, and all
other remedies, statutory or otherwise, including but
not limited to the right of redhibition, are waived by
the buyer. Buyer acknowledges that the exclusion of
remedies is neither unreasonable nor unconscionable.
Seller's warranty shall not cover, and the Buyer shall
indemnify and hold Seller harmless against, any claim
due to any injury or death to any person or damage to
any property resulting in whole or in part from any
modification or alteration Buyer makes to any product
sold hereunder.
7.2 W
ARRANTY
D
ISCLAIMER
EXCEPT AS SET FORTH ABOVE, THERE ARE
NO WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO PRODUCTS OF SELLER. SELLER
EXPRESSLY EXCLUDES AND DISCLAIMS ANY
IMPLIED WARRANTY OF MERCHANTABILITY
AND ANY WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, APPLICATION OR USE.
BEFORE PURCHASING, BUYER SHALL DE-
TERMINE THE SUITABILITY OF THE PRODUCT
FOR ITS INTENDED USE, AND BUYER AS-
SUMES ALL RISK AND LIABILITY THEREFOR.
UNDER NO CIRCUMSTANCES WILL THE
SELLER BE LIABLE FOR SPECIAL, INCIDEN-
TAL, OR CONSEQUENTIAL DAMAGES,
WHETHER SUCH DAMAGES ARE SOUGHT IN
CONTRACT, TORT (INCLUDING BUT NOT LIM-
ITED TO NEGLIGENCE AND STRICT LIABILITY)
OR OTHERWISE, AND SELLER'S LIABILITY
SHALL IN NO EVENT EXCEED THE PURCHASE
PRICE OF THE PRODUCTS ON WHICH SUCH
LIABILITY IS BASED.