Duff-Norton EM1010-100 (TMD02) - Manual (Page 6)

DUFF-NORTON ELECTROMECHANICAL ACTUATOR
LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
The warranty stated below is given in place of all other warranties, express or implied, of merchantability, fitness
for a particular purpose or otherwise. No promise or affirmation of fact made by any agent or representative of
seller shall constitute a warranty by seller or give rise to any liability or obligation.
Seller warrants that on the date of its delivery to carrier the goods are free from defects in workmanship and
materials.
Seller’s sole obligation in the event of breach of warranty or contract or for negligence or otherwise with respect
to goods sold shall be exclusively limited to repair or replacement, f.o.b. seller’s point of shipment, of any parts
which seller determines to have been defective or if seller determines that such repair or replacement is not fea-
sible, to a refund of the purchase price upon return of the goods to seller.
Any action against seller for breach of warranty, negligence or otherwise must be commenced within one year
after such cause of action accrues.
No claim against seller for any defect in the goods shall be valid or enforceable unless buyer’s written notice
thereof is received by seller within one year from the date of shipment.
Seller shall not be liable for any damage, injury or loss arising out of the use of the goods if, prior to such dam-
age, injury or loss, such goods are (1) damaged or misused following seller’s delivery to carrier; (2) not main-
tained, inspected, or used in compliance with applicable law and seller’s written instructions and recommenda-
tions; or (3) installed, repaired, altered or modified without compliance with such law, instructions or recommen-
dations.
Under no circumstances shall seller be liable for incidental or consequential damages as those terms are
defined in section 2-715 of the uniform commercial code.
PO Box 7010
Charlotte, NC 28241-7010
Phone: 800-477-5002 • 704-588-4610
Fax: 704-588-1994
Email: [email protected]
www.duffnorton.com
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