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Warranties To Original Purchaser (Non-Transferable)
requirements, and identify needed changes. Providing goods, services and communications with ever-increasing
quality and value for our customers is a continuous business process in our company.
Warranties To Original Purchaser (Non-Transferable)
a. "Material and Workmanship Warranty": The Seller warrants to the Purchaser that the Equipment of Seller's own
manufacture to be supplied hereunder will be complete in all its parts, and, for the *Warranty Period - The
warranty period shall extend for 12 months from date of start-up, but shall not exceed 18 months from date of
shipment from factory. Warranty Period specified will be free from defects in material or workmanship caused
by the Seller and arising under normal and proper operating conditions; and that such Equipment will be
delivered free from any lawful security interest or other lien or encumbrance known to the Seller, except
security interests or other liens or encumbrances arising hereunder. The obligation of the Seller and the
Purchaser's sole and exclusive remedy hereunder shall be limited at the Seller's option:
1. To replacement or repair of any Equipment or parts thereof which are returned to the Seller's works
within the Warranty Period, transportation charges prepaid.
2. Should the Equipment or parts thereof be determined by the Seller to be so defective, however, as to
preclude the remedying of warranty defects by replacement or repair, the Purchaser's sole and exclusive
remedy shall then be a refund of the purchase price, less a reasonable charge for any utilization of the
Equipment by Purchaser.
3. Notwithstanding the foregoing, the Seller shall have no obligation as a result of improper storage,
installation, repairs or modifications not made by the Seller, or as a result of removal, improper use, or
misapplication of the Equipment after it has been delivered to the Purchaser.
4. Purchaser shall pay freight charges in connection with the return or replacement of the defective Equip-
ment or parts.
b. "Performance Warranty": The Seller warrants that the Equipment of its own manufacture, when shipped and/or
installed, will operate within any performance characteristics which are expressly specified herein as a
performance guarantee. Any performance characteristics indicated herein which are not expressly stated as
guarantees are expected, "but not guaranteed". When factory testing is conducted for measuring and
performance guarantee of the Equipment purchased, then certified test results verifying any such guarantees
shall be considered both by the Purchaser and the Seller as conclusive. The Purchaser may have a
representative present when such factory tests are conducted, if requested at the time an order is placed.
Should Purchaser desire to conduct a field performance test to verify any performance guarantee, such test
must be conducted by Purchaser, at his expense, within thirty (30) days from the date of initial start-up of the
Equipment, and in accordance with the appropriate ASME Power Test Code, except as otherwise agreed in
writing by Seller. Seller shall be entitled to have a representative or representatives present to witness such
test and Purchaser shall reimburse Seller for the time and expense of such representatives at the Seller's
service rates then in effect at the time of the test. Purchaser shall give Seller fifteen (15) days written notice
prior to the date Purchaser intends to commence such test. If the field performance test is not conducted within
the aforesaid period all performance guarantees shall be deemed to have been met. In the event any Equipment
performance guarantee which is to be verified by the field performance test is not successfully demonstrated
within thirty (30) days from the commencement of such test, the obligation of the Seller and the Purchaser's
sole and exclusive remedy hereunder shall be that set forth in paragraph (a) above.
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AJAX
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