DELIVERY: Buyer agrees to inspect all deliveries immediately. Any claim for shortages must be made in writing within ten (10) days after Buyer receives a
shipment, and if not made, shaIl be deemed waived. Any other claim by Buyer, other than claims under the warranty stated in Paragraph 13, shall be made
within thirty (30) days after Buyer receives shipment, and if not made shall be deemed waived. Seller is not responsible for loss or damage in transit after
having received an “In Good Order” receipt from the carrier. Buyer will make all claims for loss or damage in transit against the carrier.
Buyer is fully responsible for (including payment of the cost of) installation and start-up of all equipment sold under the Order.
PATENT INFRINGEMENT: Seller will defend Buyer and the user of the equipment against any claim that any equipment and parts of Seller’s manufacture
furnished under the Order infringe upon any published United States patent, and Seller will pay all damages and costs awarded by a court of competent
jurisdiction with respect to such claim. The Buyer or user must promptly notify Seller of any such claim, and cooperate fully with Seller in the defense of
such claim, or Seller will have no duty under this paragraph. Buyer will defend and indemnify Seller against patent infringement claims relating to equipment
and parts that are not manufactured by Seller to the same extent as Seller agrees to defend and indemnify Buyer with respect to patent infringement
claims relating to equipment and parts of Seller's manufacture.
WARRANTY: Seller warrants equipment (and its component parts) of its own manufacture against defects in materials and workmanship under normal use
and service for one (1) year from the date of installation or start-up, or for eighteen (18) months after the date of shipment, whichever occurs first. Seller
does not warrant accessories or components that are not manufactured by Seller; however, to the extent possible, Seller agrees to assign to Buyer its
rights under the original manufacturer’s warranty, without recourse to Seller. Buyer must give Seller notice in writing of any alleged defect covered by this
warranty (together with all identifying details, including the serial number, the type of equipment, and the date of purchase) within thirty (30) days of the
discovery of such defect during the warranty period. No claim made more than 30 days after the expiration of the warranty period shall be valid.
Guarantees of perforrnance and warranties are based on the use of original equipment manufactured (OEM) replacement parts. Fairbanks Nijhuis™ Pump
Corporation assumes no responsibility or liability if alterations, non-authorized design modifications and/or non-OEM replacement parts are incorporated.
If requested by Seller, any equipment (or its component parts) must be promptly returned to Seller prior to any attempted repair, or sent to an authorized
service station designed by Seller, and Buyer shaIl prepay all shipping expenses. Seller shall not be liable for any loss or damage to goods in transit, nor will
any warranty claim be valid unless the returned goods are received intact and undamaged as a result of shipment. Repaired or replaced material returned to
customer will be shipped F.O.B., Seller’s factory. Seller will not give Buyer credit for parts or equipment returned to Seller, and will not accept delivery of any
such parts or equipment, unless Buyer has obtained Seller’s approval in writing.
The warranty extends to repaired or replaced parts of Seller’s manufacturer for ninety (90) days or for the remainder of the original warranty period
applicable to the equipment or parts being repaired or replaced. This warranty applies to the repaired or replaced part and is not extended to the product or
any other component of the product being repaired.
Repair parts of its own manufacture sold after the original warranty period are warranted for a period of one (1) year from shipment against defects in
materials and workmanship under normal use and service. This warranty applies to the replacement part only and is not extended to the product or any
other component ofthe product being repaired.
Seller may substitute new equipment or improve part(s) of any equipment judged defective without further liability. All repairs or services performed by
Seller, which are not covered by this warranty, will be charged in accordance with Seller’s standard prices then in effect..
THIS WARRANTY IS THE SOLE WARRANTY OF SELLER AND SELLER HEREBY EXPRESSLY DISCLAIMS AND BUYER WAIVES ALL OTHER WARRANTIES
EXPRESSED, IMPLIED IN LAW OR IMPLIED IN FACT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Seller’s sole obligation under this warranty shall be, at its option, to repair or replace any equipment (or its component parts) that has a defect covered by
this warranty, or to refund the purchase price of such equipment or part. Under the terms of this warranty, Seller shall not be liable for (a) consequential,
collateral, special or liquidated losses or damages; (b) equipment conditions caused by normal wear and tear, abnormal conditions of use, accident,
neglect, or misuse of said equipment; (c) the expense of, and loss or damage caused by, repairs or alterations made by anyone other than the Seller; (d)
damage caused by abrasive materials, chemicals, scale deposits, corrosion, lightning, improper voltage, mishandling, or other similar conditions; (e) any
loss, damage, or expense relating to or resulting from installation, removal or reinstallation of equipment; (f) any labor costs or charges incurred in repairing
or replacing defective equipment or parts, including the cost of reinstalling parts that are repaired or replaced by Seller; (g) any expense of shipment of
equipment or repaired or replacement parts; or (h) any other loss, damage or expense of any nature.
CONDITION TO WARRANTY WORK: If Buyer is in default (including, but not limited to, the failure of Buyer to maintain a current account with Seller) under the
Order or any other agreement between Buyer and Seller, Buyer’s rights under the warranty shall be suspended and the original warranty period will not be
extended.
PERFORMANCE: Equipment performance is not warranted or guaranteed unless separately agreed to by Seller in accordance with its guarantee policy.
Performance curves and other information submitted to Buyer are approximate and no warranty or guarantee shall be deemed to arise as a result of such
submittal. All testing shall be done in accordance with Seller’s standard policy.
LIABILITY LIMITATIONS: Under no circumstances shall the Seller have any liability under the Order or otherwise for liquidated damages or for collateral,
consequential or special damages or for loss of profIts, or for actual losses or for loss of production or progress of construction, regardless of the cause
of such damages or losses. In any event, Seller’s aggregate total liability under the Order or otherwise shall not exceed the contract price. Buyer agrees to
indemnify and hold harmless Seller from all claims by third parties in excess of these limitations.
COMPLIANCE WITH LAW: Since the compliance with the various Federal, State, and Local laws and regulations concerning occupational health and safety
and pollution are affected by the use, installation and operation of the equipment and other matters over which Seller has no control, Seller assumes no
responsibility for compliance with those laws and regulations, whether by way of indenmity, warranty, or otherwise.
STANDARD LIMITED WARRANTY
FAIRBANKS NIJHUIS
3501 FAIRBANKS AVENUE
KANSAS CITY, KS 66106
PHONE 913-371-5000
www.FairbanksNijhuis.com
