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Warranty
WARRANTY - Company warrants that on the date of shi pment
to Pu rchaser the goods will be of the kind and qual ity de
scribed herei n , merchantable, and free of defects in workman
ship and material .
If within one year from date of initial operation, but not more
than eig hteen months from date of shi pment by Com pany, of
any item of the goods, Pu rchaser d i scovers that such item was
not as warranted above and promptly notifies Company in writ
ing thereof, Company shall remedy such defect by, at Com
pany's option , adjustment, repair or replacement of the item
and any affected parts of the good s . Pu rchaser shall assume
all responsibility and expense for removal , rei nstallation and
freight in connection with the foregoing remedy The same ob
ligations and conditions shall extend to replacement items fur
nished by Company hereunder. Company shall have the right
of disposal of items replaced by it. Pu rchaser shall g rant Com
pany access to the goods at all reasonable times i n order for
Company to determine any defects in the good s . In the event
that adjustment, repair or replacement does not remedy the
defect, the Company and Pu rchaser shall negotiate in good
faith an equitable adju stment in the contract price.
The Company's responsibi l ity does not extend to any item of
the goods which has not been manu factured and sold by
Company. Such items shall be covered only by the express
warranty. I f any, of the manufacturer thereof. The Company
and its suppl iers shall also have no responsibility if the goods
have been im properly stored , handled or instal led , if the goods
have not been operated or maintained accord ing to their rat
ings or according to i nstructions in Company or supplier f u r
nished manuals, or if unauthorized repairs or modifications have
been made to the good s .
TH I S WAR RANTY I S EXPRESSLY I N L I E U OF A L L OTH ER
WARRANTIES ( EXCEPT TITLE) , I NC LU D I NG BUT NOT LIM
ITED TO IMPLIED WAR RANTIES OF MERC HANTABI LITY AND
FITNESS, AND CONSTITUTES THE ONLY WARRANTY OF
COMPANY WITH RESPECT TO THE GOODS.
The foregoing states Purchaser's excl usive remedy agai nst
Company and its suppliers for any defect in the goods or for
fail ure of the goods to be as warranted, whether Purc haser's
remedy i s based on the contract, warranty, fai l u re of such rem
edy to achieve its essential purpose, tort (including negli
gence), strick liabil ity, i ndemnity or any other legal theory, and
whether arising out of warranties, representations, instruc
tions, installations of defects from any cause.
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