Seller warrants that Equipment manufactured by Seller (including any and all components of a system described in the Quotation to the extent manufactured by Seller) will be free from defects in materials and workmanship for a period of twelve (12) months or two thousand (2,000) hours of operation, whichever expires first, in each case extending from the first day of service. As to all Equipment manufactured by Seller (other than replacement parts), the first day of service shall not be later than a date ninety (90) days from exit-factory date of shipment to Customer, and the warranty period described above shall commence no later than such date. As to replacement parts, such first day of service shall not be later than a date one hundred eighty (180) days from exit-factory date of shipment to Customer, and the warranty period described above shall commence no later than such date. Such warranty shall not apply in any event to failure or defects in materials due to normal wear and tear, failure to perform recommended or customary maintenance procedures, exposure to detrimental elements, improper or extended storage, or corrosion, and shall not extend to any person or entity other than Customer.
In the event of any such defect in materials or workmanship, the sole liability and obligation of Seller shall be to furnish replacement Equipment, or components or parts thereof, F.O.B. Seller’s factory (excluding costs of shipping, handling and installation, which shall be arranged and incurred by Customer). At the option of Seller, Seller may arrange for repair of any such Equipment, or components or parts thereof, provided that Customer pays all costs of shipment to and from Seller’s factory.
The obligations of Seller under this limited warranty are subject, however, to the following conditions:
- a. Customer shall give prompt notice to Seller of the date on which the Equipment is first placed in service.
- b. Customer shall give Seller immediate written notice (within the warranty period) of any defect in material or workmanship covered by warranty.
- c. Customer shall install, maintain, and use the Equipment strictly in accordance with instructions, procedures, or specifications supplied by Seller, and in any event in accordance with industry standards.
- d. Customer shall ensure that the Equipment is operated only by qualified and properly trained personnel.
- e. Customer shall not abuse the Equipment by overloading or improper operation, and shall not modify the Equipment or use repair parts other than furnished by Seller, except as approved by Seller in writing.
- f. Any defects or non-conformities in the Equipment, which could be identified on initial inspection or testing of the Equipment by Customer, shall not be covered by warranty unless notice is given to Seller within thirty (30) days after receipt by Customer.
The above limited warranty shall apply solely with respect to Equipment manufactured by Seller, and Seller makes no warranties with respect to materials and components of the Equipment described in the Quotation which are manufactured by others. The sole remedy available to Customer with respect to defects in such materials or components supplied by others shall be against such manufacturer under any manufacturer’s warranty relating to such materials or components to the extent available to Customer. The warranty in this Clause shall terminate upon sale or lease of the Equipment by Customer to any other person, unless otherwise agreed in writing by Seller.
EXCEPT AS SPECIFICALLY PROVIDED ABOVE, SELLER DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO OR IN ANY WAY RELATING TO THE EQUIPMENT, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE WARRANTIES STATED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in Sections 50 and 60 will apply even if any limited remedy fails of its essential purpose.