Seller warrants its equipment to Buyer to be free from defects in material and workmanship for a period of eighteen (18) months from date of shipment, as long as equipment is utilized under normal conditions and service and is properly installed; however, the warranty shall not be applicable to any of the following items: refrigerant, belts, filters, humidifier canister, heaters not regularly cleaned, light bulbs, and any other items either consumed or worn out by normal wear and tear, or by conditions beyond Seller’s control, including (without limitation as to generally) polluted or contaminated air or water.
The Seller’s obligation under this warranty is limited solely to the repair or replacement, at Seller’s options, of any part or parts thereof which shall, within eighteen (18) months from date of shipment of the equipment to the original purchaser be returned to the factory, transportation charges prepaid, which upon examination shall disclose to the Seller’s satisfaction to have been defective under normal use and service. This agreement to repair or replace defective parts is expressly in lieu of all other warranties, expressed or implied and all other obligations or liabilities on the part of Seller and Seller neither assumes nor authorizes any other person to assume for it any liability or obligation in connection with the sales or service of its equipment, except said repair or replacement of defective parts set forth above.
This warranty does not include any labor charges for work done outside of the factory for replacement of parts, adjustments, repairs, or any other work. Seller’s liability does not include any resulting damage to persons, property, equipment, goods or merchandise arising out of any defect in or failure of any equipment of its manufacture and Buyer hereby waives any claim against Seller arising out of such claim. This warranty shall not cover the repair or replacement of any equipment which has been repaired or altered outside of the factory in any way or which has been subject to negligence, misuse, or abuse, or to pressures in excess of stated limits.
This warranty applies only to the original purchaser of the equipment and does not extend, expressly or by implication, to the third parties or others without the specific written approval and acknowledgment of Seller. Buyer’s exclusive remedy and Seller’s maximum liability for any and all loss, injury, damage, costs, or expense arising from any defect covered by this warranty shall be limited to the repair or replacement, but not the installation of any defective material, F.O.B., Seller’s plant; provided however, that Seller shall not be required to replace any part or component (a) which can be repaired, or (b) unless Buyer has given Seller immediate written notice that replacement or repair is indicated. In Addition, Seller shall not be liable for any cost or expense of replacement or repair contracted for by Buyer with any third person, unless, and then only to the extent that Seller authorizes in writing, such costs or expense.
Seller shall not be liable for any direct, indirect incidental, consequential, or other form of loss, injury, damage, cost, or expense, whether caused by delay, failure, or performance, breach of warranty, or by any cause whatsoever.
Seller’s obligation under this warranty shall be void if Buyer fails: (a) without legal justification to pay Seller, when due, the full purchase price for the equipment sold hereunder; or (b) to have the equipment sold hereunder installed, maintained, and serviced by competent personnel and in accordance with Seller’s instructions.