S
TANDARD
T
ERMS
AND
C
ONDITIONS
Q
UINCY
C
OMPRESSOR
AND
O
RTMAN
F
LUID
P
OWER
D
IVISIONS
TITLE & LIEN RIGHTS: The equipment shall remain personal property, regardless of how affixed to any
realty or structure. Until the price (including any notes given therefore) of the equipment has been fully
paid in cash, Seller shall, in the event of Buyer’s default, have the right to repossess such equipment.
PATENT INFRINGEMENT: If properly notified and given an opportunity to do so with friendly assistance,
Seller will defend Buyer and the ultimate user of the equipment from any actual or alleged infringement of
any published United States patent by the equipment or any part thereof furnished pursuant hereto (other
than parts of special design, construction, or manufacture specified by and originating with Buyer), and will
pay all damages and costs awarded by competent court in any suit thus defended or of which it may have
had notice and opportunity to defend as aforesaid.
STANDARD WARRANTY: Seller warrants that products of its own manufacture will be free from defects
in workmanship and materials under normal use and service for the period specified in the product
instruction manual. Warranty for service parts will be ninety (90) days from date of factory shipment.
Electric Motors, gasoline and diesel engines, electrical apparatus and all other accessories, components
and parts not manufactured by Seller are warranted only to the extent of the original manufacturer’s
warranty.
Notice of the alleged defect must be given to the Seller, in writing with all identifying details including
serial number, type of equipment and date of purchase within thirty (30) days of the discovery of the same
during the warranty period.
Seller’s sole obligation on this warranty shall be, at its option, to repair or replace or refund the purchase
price of any product or part thereof which proves to be defective. If requested by Seller, such product or
part thereof must be promptly returned to seller, freight prepaid, for inspection.
Seller warrants repaired or replaced parts of its own manufacture against defects in materials and
workmanship under normal use and service for ninety (90) days or for the remainder of the warranty on the
product being repaired.
This warranty shall not apply and Seller shall not be responsible or liable for:
(a) Consequential, collateral or special losses or damages;
(b) Equipment conditions caused by fair wear and tear, abnormal conditions of use, accident, neglect
or misuse of equipment, improper storage or damage resulting during shipping;
(c) Deviation from operating instructions, specifications or other special terms of sale;
(d) Labor charges, loss or damage resulting from improper operation, maintenance or repairs made by
person(s) other than Seller or Seller’s authorized service station.
In no event shall Seller be liable for any claims whether arising from breach of contract or warranty or
claims of negligence or negligent manufacture in excess of the purchase price.
THIS WARRANTY IS THE SOLE WARRANTY OF SELLERS AND ANY OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED IN LAW OR IMPLIED IN FACT, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PARTICULAR USE ARE HEREBY SPECIFICALLY EXCLUDED.
LIABILITY LIMITATIONS: Under no circumstances shall the Seller have any liability for liquidated damages
or for collateral, consequential or special damages or for loss of profits, or for actual losses or for loss of
production or progress of construction, whether resulting from delays in delivery or performance, breach of
warranty, negligent manufacture or otherwise.
ENVIRONMENTAL AND OSHA REQUIREMENTS: At the time of shipment of the equipment from the
factory, Quincy Compressor / Ortman Fluid Power will comply with the various Federal, State and local
laws and regulations concerning occupational health and safety and pollution. However, in the installation
and operation of the equipment and other matters over which the seller has no control, the Seller assumes
no responsibility for compliance with those laws and regulations, whether by the way of indemnity,
warranty or otherwise.
Quincy Compressor-DEFENDER™
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