Twin City IM-4310
7
Seller warrants to the original purchaser that the goods
sold hereunder shall be free from defects in workman-
ship and material under normal use and service (except
in those cases where the materials are supplied by the
buyer) for a period of one year from the date of original
installation or eighteen (18) months from the date of
shipment, whichever occurs first. The liability of seller
under this warranty is limited to replacing, repairing, or
issuing credit (at cost, F.O.B. factory and at seller’s
discretion) for any part or parts which are returned by
buyer during such period provided that:
a. Seller is notified in writing within ten (10) days fol-
lowing discovery of such defects by buyer, or
within ten (10) days after such defects should rea-
sonably have been discovered, whichever is less;
b. The defective unit is returned to seller, transportation
charges prepaid by buyer.
c. Payment in full has been received by seller or said
products; and
d. Seller’s examination of such unit shall disclose to its
satisfaction that such defects have not been caused
by misuse, neglect, improper installation, repair,
alteration, act of God, or accident.
No warranty made hereunder shall extend to any seller
product whose serial number is altered, effaced or
removed. Seller makes no warranty, express or implied,
with respect to motors, switches, controls, or other
components of seller’s product, where such components
are warranted separately by their respective manufactur-
ers. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER
STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. In no event shall seller be
liable to buyer for indirect, incidental collateral, or con-
sequential damages of any kind. (BUYER’S FAILURE TO
PAY THE FULL AMOUNT DUE WITHIN SIXTY (60) DAYS
OF DATE OF INVOICE SHALL OPERATE TO RELEASE
SELLER FROM ANY AND ALL LIABILITY OR OBLIGATION
ARISING PURSUANT TO ANY WARRANTY, EXPRESS
OR IMPLIED, WHETHER STATUTORY OR OTHERWISE,
INCLUDING ANY IMPLIED WARRANTY OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, MADE IN CONNECTION WITH ANY
CONTRACT FORMED HEREUNDER. BUYER AGREES
THAT SUCH FAILURE TO PAY SHALL CONSTITUTE A
VOLUNTARY WAIVER OF ANY AND ALL SUCH
WARRANTIES ARISING PURSUANT TO SUCH CONTACT.)
Limitation of Warranties and Claims
(4 pages)
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