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page 35
Product Liability
The Corporation believes that the equipment conforms to the requirements of the Occupational
Safety and Health Act of 1970 but, because Interpretations of such requirements may vary no
representation or warranty is made with respect to such compliance.
All Safety devices and guards included in the proposal are recommended for purchase. Should
these be inadequate to meet the requirements specified by the Purchaser, the Purchaser shall
notify the Corporation and the Corporation shall provide, at an extra price, such alternatives or
additional safety devices and guards as are necessary to satisfy such specifications.
Purchaser shall require its employees and any other person using the equipment to use safety
devices, guards, and proper safe operations procedures. Purchaser shall not remove or modify
safety devices, guards, or warning signs, nor allow any person to remove or modify the same or
to operate the equipment if such devices, guards, or signs have been removed or modified.
Purchaser shall not permit any person other than required operating personnel to remain within
ten feet of the equipment during the operation thereof. Purchaser agrees to indemnify and hold
the Corporation harmless from any and all claims, actions, proceedings, costs, expenses
(including attorney’s fees, damage and liabilities occasioned by damage or injury to any person
or person’s property arising directly or indirectly in connection with the operation of the
equipment, if the Purchaser: (I) fails to observe each and every obligation set forth in this
paragraph; (ill) fails to purchase the safety devices and guards recommended by the
Corporation (ill) fails to maintain in good working order such safety devices and guards; (iv)
adds, omits, modifies, or substitutes any components on the equipment; (v) exceeds at any time
the maximum safe loads and speeds recommended by the Corporation for the equipment; or
(vi) makes any repairs, adjustments, or other work on the machine without following the
Corporation’s or component manufacturer’s guidelines for Lockout or Tagout procedures or
takes any such actions without first ensuring that the equipment has been unplugged or
disconnected from all airline, hydraulic, electrical power sources, and drive mechanisms.
Purchaser shall notify the Corporation promptly, and in any event within 30 days, of any
accidents, malfunction, or other use or misuse or occurrence involving products of the
Corporation which results in personal injury or damage to property, and shall cooperate fully
with the Corporation in investigating and determining the cause of such occurrence. In the
event that Purchaser shall fail to give such notice to the Corporation and to cooperate as herein
provided, Purchaser agrees to indemnify and hold the corporation harmless from any and all
claims, actions, proceedings, costs, expenses (including attorney’s fees), damages and
liabilities arising from such accidents, malfunction, or other occurrence.
