Appion TEZ 8 Betriebshandbuch - Seite 12

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Manufacturers Limited Warranty

Manufacturer warrants that the equipment will, under normal

and anticipated use, be free from defects in refriger-ant

related parts for a period of one (1) year from and

after the date of shipment, and be free from defects in

electrical related parts for a period of ninety (90) days from

and after the date of shipment, but in all cases excluding

consumables and other matters as hereinafter provided.

Labor is NOT covered and shall be the sole cost and

responsibility of the Purchaser. The obligation of Manufac-

turer under this limited warranty is limited to the supplying

of parts (excluding consumables and all plastic parts) as

hereinabove specifically provided. Parts shall be new or

nearly new. Manufacturer assumes no liability for failure in

performing its obligations therunder if failure results, directly

or indirectly, from any cause beyond its control, including but

not limited to, acts of God, acts of government, floods, fires,

shortages of materials, strikes and other labor difficulties or

delays or failures of transportation facilities.

Manufacturer shall be liable to replace the applicable parts

only if (i) Manufacturer is properly notified by Purchaser

upon discovery of the alleged defects, (ii) defective parts

are returned to Manufacturer upon authorization with all

transportation charges prepaid by

Purchaser, (iii) Manufacturer's examination of the parts

discloses to its satisfaction that the defects were not

caused by the Purchaser or its agents and (iv) the parts

are otherwise covered by Manufacturer's limited warranty.

Purchaser shall be responsible to select the means of

transportation and bear the cost of inbound and out-bound

freight expense associated with any replacement parts, and

all risk of loss attendant thereto.

Notwithstanding anything contained in this warranty to the

contrary, (i) this limited warranty shall become null and void

upon the use of any improper chemicals or in the event any

modifications or improper service or installation is performed

on the equipment, (ii) this limited warranty does not apply to

consumable materials such as, but not limited to, indicator

lamps, fuses, all fluids, filters, coatings, seals, etc., and (iii)

this limited warranty is applicable only to Purchaser, and no

subsequent purchasers of the equipment from Purchaser

shall be entitled to any warranty whatsoever from Manu-

facturer, express or implied.

THIS WARRANTY CONSTITUTES THE SOLE AND EX-

CLUSIVE WARRANTY OF MANUFACTURER WITH RE-

SPECT TO THE EQUIPMENT, THERE ARE NO OTHER

WARRANTIES, EXPRESS OR IMPLIED, AND MANU-

FACTURER SPECIFICALLY DISCLAIMS ALL OTHER

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING

(WITHOUT LIMITATION), ANY AND ALL WARRANTIES

AS TO THE SUITABILITY OR MERCHANTABILITY OR

FITNESS FOR ANY PARTICULAR

PURPOSE OF THE EQUIPMENT FURNISHED HERE-

UNDER. THE EXCLUSIVE REMEDY OF PURCHASER

AGAINST MANUFACTURER FOR ANY BREACH OF THE

FOREGOING LIMITED WARRANTY SHALL BE TO SEEK

REPLACEMENT OF THE AFFECTED PARTS.

IN NO EVENT WILL MANUFACTURER'S LIABILITY

IN CONNECTION WITH THE EQUIPMENT WHICH IS

FOUND TO BE DEFECTIVE EXCEED THE AMOUNTS

PAID BY PURCHASER TO APPION HEREUNDER FOR

SUCH EQUIPMENT WHICH IS SPECIFICALLY FOUND

TO BE DEFECTIVE. THESE LIMITATIONS APPLY TO

ALL CAUSES OF ACTION IN THE AGGREGATE, BOTH

AT LAW AND IN EQUITY, AND INCLUDING WITHOUT

LIMITATION, BREACH OF CONTRACT, BREACH OF WAR-

RANTY, MANUFACTURER NEGLIGENCE, INFRINGE-

MENT, STRICT LIABILITY, MISREPRESENTATION AND

OTHER TORTS AND CONTRACTUAL CLAIMS. EXCEPT

FOR THE EXCLUSIVE REMEDY PROVIDED ABOVE FOR

MANUFACTURER'S BREACH OF THIS LIMITED WAR-

RANTY, PURCHASER, FOR ITSELF AND ITS SUCCES-

SORS AND ASSIGNS, HEREBY WAIVES AND RELEASES

MANUFACTURER FROM ANY AND ALL OTHER CLAIMS

OR CAUSES OF ACTION THEY HAVE AGAINST MANU-

FACTURER ON ACCOUNT OF OR ASSOCIATED WITH

THE EQUIPMENT PURCHASED HEREUNDER OR FOR

APPION BREACH OF THIS LIMITED WARRANTY. IN NO

EVENT SHALL MANUFACTURER BE LIABLE FOR ANY

INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL

OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED

TO, LOSS OF ANTICIPATED PROFITS, LOST SAVINGS,

LOST REVENUES, FINES, OR OTHER ECONOMIC LOSS

IN CONNECTION WITH OR ARISING OUT OF THE EXIS-

TENCE, FURNISHING, FUNCTIONING OR USE OF ANY

ITEM OF EQUIPMENT PROVIDED UNDER THIS AGREE-

MENT, EVEN IF MANUFACTURER HAS BEEN ADVISED

OF THE POSSIBILITY OF SUCH DAMAGES AND/OR

SUCH DAMAGES ARE REASONABLE AND/OR FORE-

SEEABLE. FURTHER, PURCHASER FOR ITSELF AND ITS

SUCCESSORS AND ASSIGNS, WAIVES AND RELEASES

ANY RIGHTS THEY MAY HAVE TO BRING AN ACTION

ARISING OR RESULTING FROM THIS AGREEMENT,

REGARDLESS OF ITS FORM, MORE THAN FIFTEEN (15)

MONTHS AFTER SHIPMENT OF THE AFFECTED EQUIP-

MENT BY MANUFACTURER TO PURCHASER.

The provisions of this warranty shall supersede any con-

trary provisions contained in this agreement, any docu-ment

supplied by Manufacturer to Purchaser or by Purchaser to

Manufacturer, or any other agreement, written

or oral, between Purchaser and Manufacturer, notwithstand-

ing the fact that the provisions contained in this warranty

directly conflict with other terms or provisions of this agree-

ment or such other documents, or that such other documents

or agreements were provided, delivered, made or executed

subsequent to this agreement unless such agreements are

in writing, specifically refer to this agreement, specifically

provide that they are amending this and are signed by the

President of Manfacturer.