Aerovent IM-500 - Manual (Page 21)

21 Aerovent IM-500
8. LIMITED WARRANTY AND REMEDIES. Seller warrants to the original purchaser that the products sold hereunder
shall be free from defects in workmanship and material upon delivery under normal use and service (except in those cases
where the materials are supplied by Buyer). The liability of Seller under this warranty is limited to replacing, repairing, or issu-
ing credit (at cost, FOB factory and at Seller’s discretion) for any part or parts which are returned by Buyer within one year
from the date of original installation or eighteen (18) months from the date of shipment, whichever occurs first provided
that (a) Seller is notified in writing within ten (10) days following discovery of such defects by Buyer, or within ten (10) days
after such defects should reasonably have been discovered, whichever is less, (b) the defective unit is returned to Seller, trans-
portation charges prepaid by Buyer, (c) payment in full has been received by Seller for said products, (d) Seller’s examination
of such unit shall disclose to its satisfactory that such defects have been caused by misuse, neglect, improper installation,
repair, unauthorized modification, Buyer’s design, alteration, act of God, or accident. No warranty made hereunder shall
extend to any Seller’s product whose serial number is altered, effaced or removed. Seller makes no warranty, expressed or
implied with respect to the specific application which Seller’s products are used or the design or operation of an entire system
in which Seller’s products sold hereunder are mere components, nor does Seller make any warranty, expressed or implied,
with respect to motors, switches, controls, or other components of Seller’s product where such components are warranted
separately by their respective manufacturers. Repair or replacement of the products sold hereunder, or refund of the pur-
chase price as provided in this warranty, is the Buyer’s exclusive remedy. This exclusive remedy will not be deemed to have
failed its essential purpose so long as Seller is willing and able to repair or replace any defective product or refund the pur-
chase price, in the prescribed manner. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, WHETHER STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OF
MERCHANTABILITY, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. BUYER’S FAILURE
TO PAY THE FULL AMOUNT DUE WITHIN SIXTY (60) DAYS OF DATE OF INVOICE SHALL OPERATE
TO RELEASE SELLER FROM ANY AND ALL LIABILITY OR OBLIGATION ARISING PURSUANT TO ANY
WARRANTY, EXPRESSED OR IMPLIED, WHETHER STATUTORY OR OTHERWISE, INCLUDING ANY
WARRANTY OF MERCHANTABILITY, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, MADE
IN CONNECTION WITH ANY CONTRACT FORMED HEREUNDER. BUYER AGREES THAT SUCH FAILURE
TO PAY SHALL CONSTITUTE A VOLUNTARY WAIVER OF ANY AND ALL SUCH WARRANTIES ARISING
PURSUANT TO SUCH CONTRACT. Seller makes no other warranties of any kind and any repair or attempt to repair
products by anyone other than an authorized representative of Seller automatically voids any warranty of those products.
Any oral or written statement concerning the products inconsistent with the warranty contained herein shall be of no force
or effect.
9. LIMITATIONS ON LIABILITY. Under no circumstances shall Seller by liable for any indirect, consequential, collat-
eral, special or incidental damages (including without limitation, increased manufacturing costs, loss of profits, or goodwill)
whether such claim is based on contract, negligence, strict tort, warranty or any other basis. Seller’s liability shall in no event
exceed the purchase price of the particular products with respect to which a claim is made. Tools, dies, and other equipment
furnished to Seller by Buyer shall be at Buyer’s risk and expense. Seller does not insure Buyer under any of its insurance poli-
cies, including liability or workers’ compensation. Seller will not provide Buyer with indemnification for any matter nor does
Seller agree to provide Buyer with contribution for any damages. Seller has no obligation to Buyer to direct Seller’s insurance
companies to waive their right of subrogation against Buyer in the event of an insured loss.
10. LIMITATION OF ACTIONS. Any actions or claims by Buyer under this Agreement shall be brought within 18
months after shipment of the products sold by Seller hereunder.
11. PATENTS. When Seller has manufactured any products or parts thereof in accordance with specifications or drawings
furnished by Buyer or when a product or a part thereof is made to Buyer’s design, Buyer at its own expense will defend any
suit against Seller for infringement of patents and will satisfy any final award of damaged for such infringement; provided
Seller gives Buyer notice in writing of any such suit for infringement, opportunity to conduct the defense thereof and assis-
tance and cooperation in said defense. As to other articles furnished by Seller, Seller, at its own expense will defend any suit
against Buyer for infringement of United States patents by any such product purchased from Seller when used or sold for
its normal purpose and in any such suit will satisfy any final award of damages for such infringement, but Seller assumes no
liability, consequential or otherwise, for infringement or patent claims covering any components, switches, motors or other
parts purchased by Seller from third parties or covering any other product, or any completed equipment, or any assembly,
combination, method of process, in which, or in the manufacture or testing of which, any such product may be used (not-
withstanding that such product may have been designed only for use in, or may be useful in, such other patented product
or such patented equipment, assembly, combination, method or process, or in the manufacturing or testing thereof, and
that such product may have been purchased by Buyer and sold by Seller for such use.) This covenant by Seller is upon the
condition that Buyer shall give Seller a prompt notice in writing of such suit or infringement, full opportunity to conduct
the defense thereof and full assistance and cooperation in said defense. No cost or expense shall be incurred for the account