Nexen MTL2055 976889 - Manual (Page 8)

FORM NO. L-21219-D-0610 8
Warranty
Warranties
Nexen warrants that the Products will (a) be free from any defects in material or workmanship for a period of 12 months
from the date of shipment, and (b) will meet and perform in accordance with the specifications in any engineering
drawing specifically for the Product that is in Nexen’s current product catalogue, or that is accessible at the Nexen
website, or that is attached to this Quotation and that specifically refers to this Quotation by its number, subject in all
cases to any limitations and exclusions set out in the drawing. NEXEN MAKES NO OTHER WARRANTY, EXPRESS
OR IMPLIED, AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. This
warranty applies only if: (a) the Product has been installed, used and maintained in accordance with any applicable
Nexen installation or maintenance manual for the Product; (b) the alleged defect is not attributable to normal wear
and tear; (c) the Product has not been altered, misused or used for purposes other than those for which it was
intended; and (d) Buyer has given written notice of the alleged defect to Nexen, and delivered the allegedly defective
Product to Nexen, within one year of the date of shipment.
Exclusive Remedy
The exclusive remedy for the Buyer for any breach of any warranties provided in connection with this agreement
will be, at the election of Nexen: (a) repair or replacement with new, serviceably used, or reconditioned parts or
products; or (b) issuance of credit in the amount of the purchase price paid to Nexen by the Buyer for the Products.
Agent’s Authority
Buyer agrees that no agent, employee or representative of Nexen has authority to bind Nexen to any affirmation,
representation, or warranty concerning the Products other than those warranties expressly set forth herein.
Limitation on Nexen’s Liability
TO THE EXTENT PERMITTED BY LAW NEXEN SHALL HAVE NO LIABILITY TO BUYER OR ANY OTHER
PERSON FOR INCIDENTAL DAMAGES, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES OR OTHER
DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER ARISING OUT OF BREACH OF WARRANTY
OR OTHER BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, EVEN IF NEXEN
SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH POTENTIAL LOSS OR
DAMAGE. For all of the purposes hereof, the term “consequential damages” shall include lost profits, penalties, delay
damages, liquidated damages or other damages and liabilities which Buyer shall be obligated to pay or which Buyer
may incur based upon, related to or arising out of its contracts with its customers or other third parties. In no event
shall Nexen be liable for any amount of damages in excess of amounts paid by Buyer for Products or services as to
which a breach of contract has been determined to exist. The parties expressly agree that the price for the Products
and the services was determined in consideration of the limitation on damages set forth herein and such limitation
has been specifically bargained for and constitutes an agreed allocation of risk which shall survive the determination
of any court of competent jurisdiction that any remedy herein fails of its essential purpose.
Inspection
Buyer shall inspect all shipments of Products upon arrival and shall notify Nexen in writing, of any shortages or other
failures to conform to these terms and conditions which are reasonably discoverable upon arrival without opening
any carton or box in which the Products are contained. Such notice shall be sent within 14 days following arrival. All
notifications shall be accompanied by packing slips, inspection reports and other documents necessary to support
Buyer’s claims. In addition to the foregoing obligations, in the event that Buyer receives Products that Buyer did
not order, Buyer shall return the erroneously shipped Products to Nexen within thirty (30) days of the date of the
invoice for such Products; Nexen will pay reasonable freight charges for the timely return of the erroneously shipped
Products, and issue a credit to Buyer for the returned Products at the price Buyer paid for them, including any
shipping expenses that Nexen charged Buyer. All shortages, overages and nonconformities not reported to Nexen
as required by this section will be deemed waived.
Limitation on Actions
No action, regardless of form, arising out of any transaction to which these terms and conditions are applicable may
be brought by the Buyer more than one year after the cause of action has accrued.
Nexen Group, Inc.
560 Oak Grove Parkway
Vadnais Heights, MN 55127
800.843.7445
Fax: 651.286.1099
www.nexengroup.com
ISO 9001 Certified