Last updated: June 06, 2024
(A) Seller warrants that material in and workmanship on the equipment manufactured by seller will be free from defects at time of shipment. If during the first 12 months after final shipment, the purchaser establishes to seller’s satisfaction that any part or parts manufactured by seller were defective when they were shipped, the seller will, at its expense, deliver (but not install) replacement parts. Seller’s liability under this warranty is limited to furnishing of such replacement parts and seller will make no allowance for corrective work done unless seller agrees hereafter in writing. Damage or deterioration due to extraordinary wear and tear (including, not in limitation, use said equipment to handle products of sizes, weights, and shapes, or at speeds or methods which differ from information originally provided), chemical action, or lubrication, shall not constitute defects.
(B) Seller has made no representations, warranties, or guarantees, expressed or implied, not expressly set forth paragraph (a) next preceding seller shall not be liable hereunder for any consequential or indirect damages included but not in production or from increased cost operation or spoilage of material.
(C) The components used in the manufacture of said equipment which were manufactured by others will carry such manufacturer’s customary warranty, which seller will obtain for purchaser’s benefit upon receipt.
(D) Seller makes no warranty whatsoever that the equipment and installation of said equipment when placed in operation and use by purchaser will comply with pertinent national state and local health and safety laws, including but not in limitation, the Federal Occupational Safety and Health Act (OSHA) and the regulations, standard rules and orders issued pursuant to any such laws. Purchaser shall be solely responsible for compliance therewith for any damages, penalties or fines arising from non-compliance; provided however, that seller shall cooperate with purchaser in the design, manufacture or purchase of safety features or devices which purchaser deems to be necessary under OSHA or any other statute, ordinance or governmental regulation. The price at which any such future equipment or service shall be furnished by seller shall be at seller’s standard prices then in effect, or as agreed upon between seller and purchaser.