W
W
A
A
R
R
R
R
A
A
N
N
T
T
Y
Y
2
Seller expressly warrants to Buyer (a) that the equipment will comply with the description set forth
herein; (b) that the components and parts fabricated by Seller will be free from detrimental defects in
workmanship and materials.
If it appears within one year from date of shipment by Seller that the equipment does not meet these
express warranties and Buyer gives Seller prompt and reasonable notice, Seller shall, at its option,
either repair or replace at its expense, F.O.B. Seller’s works, but not dismantle or reinstall, the defective
parts provided, upon request such parts are shipped freight prepaid to Seller’s works.
These warranties shall not apply if equipment is subjected to other than normal and proper storage,
handling, installation, operation and maintenance or to unauthorized repairs or alterations. Equipment,
components and accessories made by other manufacturers are warranted only to the extent of the
original manufacturer’s warranties to Seller.
The foregoing warranty obligation of the seller shall constitute the sole and exclusive remedy of the
buyer and the sole liability of the seller, except as set forth herein and except as to the title it is expressly
agreed (a) that there is no warranty of merchantability of any other warranty, express, implied or statu-
tory, nor any affirmation of fact or promises by Seller with respect to the equipment or parts or otherwise
which extend beyond the specifications mutually agreed upon in writing by Seller and Buyer, and (b) that
the Buyer acknowledges that it is purchasing the equipment solely on the basis of the commitments of
Seller expressly set forth herein, in no event shall Seller be liable for special, indirect, or consequential
damages including, without limitation, anticipate profits.
