Taylor-Wharton RS-234 - Manual (Page 6)

5
WARRANTY AND LIMITATION OF LIABILITY
Taylor-Wharton Cryogenics, Harsco Corporation, warrants that the products it furnishes to Buyer hereunder will
conform to specifications (if any) provided in writing by Taylor-Wharton to Buyer and will be free from defects in
materials or workmanship for a period of one year from the date of shipment.
Taylor-Wharton's sole liability upon any claim for breach of warranty or upon any other claim relating to the goods
and/or services provided hereunder is expressly limited to one of the following, to be selected by Taylor-Wharton: (i)
replacement at the agreed point of delivery of any goods found to be defective; (ii) repair of such goods; or (iii) refund,
or crediting to Buyer, the price of such goods; provided that written notice of defect or breach is given by Buyer to
Taylor-Wharton immediately after the defect or alleged breach is discovered and in no event more than twelve (12)
months from delivery and provided further that such goods have not been resold or used beyond the date of discovery
of such defect or alleged breach.
The remedies available to Buyer set forth herein are exclusive remedies, and all other remedies, statutory or otherwise,
are waived by Buyer. Buyer acknowledges that the exclusion of remedies is neither unreasonable nor unconscionable.
Taylor-Wharton may require Buyer to return any defective goods, and failure to return such goods when so requested
will make Buyer liable for payment therefor and will release Taylor-Wharton from any liability hereunder.
Taylor-Wharton will not be liable to Buyer for special, incidental or consequential damages directly or indirectly
arising or resulting from (i) breach of any of the terms set forth in this document, (ii) installation, handling or use of the
goods sold, or (iii) any other cause or claim. In no event will Taylor-Wharton be liable to Buyer for breach of this
agreement or on any other basis in excess of the total amount paid by Buyer hereunder.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE, AND IS IN LIEU OF ANY OTHER OBLIGATION OR LIABILITY ON THE PART OF TAYLOR-
WHARTON.