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LIMITED PRODUCT WARRANTY

 

Seller warrants that its products (“Product(s)”)  will meet the specifications set forth in its catalog from time to time, unless the Buyer is notified otherwise prior to delivery.  Seller will, without charge, repair or provide a replacement for any of the Products which prove to be defective in materials or workmanship within one (1) year from the date of first use or eighteen months from date of shipment, whichever first occurs (“Warranty Period”).

 

If, within the Warranty Period, Buyer discovers a defect in materials or workmanship which interferes with the operation of any Product, Buyer must promptly notify Seller, in writing, of such defect.  Seller's sole obligation to Buyer under this Warranty is to repair and correct any defect in material or workmanship, or provide a replacement Product to Buyer.  Seller's decision with respect to the applicability of this Warranty to any defect shall be final and conclusive.  Seller reserves the right to require Buyer, at Buyer's sole cost and expense, to return any defective Product, including any alterations made thereto, F.O.B. Seller's factory in Illinois.

 

Seller does not warrant against abrasion, corrosion or erosion.  Seller shall not be liable to Buyer or to any other person for work done or repairs made, to remedy any defect, by any person who is not an authorized representative of Seller, unless Seller's written consent is first obtained by Buyer.  This Warranty does not apply to, and is rendered null and void by, any Product which, after leaving Seller's manufacturing plant:  (a)  is repaired or altered without Seller's prior written approval; (b)  is the subject of improper storage, installation or operation; (c)  is the subject of intentional or negligent misuse, misapplication, neglect or accident; or (d) is not used, repaired or altered in accordance with Seller's written instructions.

 

Except for Products manufactured by Danfoss A/S and sold by Seller and which bear the original manufacturer’s name or nameplate on the product, this Warranty does not apply to any products which are purchased and resold by Seller.  Any such products shall be warranted only to the extent of the express warranty, if any, provided by the manufacturer of such products or parts.

 

Seller expressly reserves the right to declare this Warranty null and void upon Buyer's failure to make full and timely payments with respect to any Products purchased by Buyer from Seller, in which event all of Seller's obligations, and Buyer's rights, under this Warranty, shall immediately terminate.

 

SELLER DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.  SELLER SHALL NOT BE LIABLE TO BUYER OR ANY OTHER PARTY UNDER THIS WARRANTY FOR DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES OF ANY KIND.

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