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Limitation of warranties and claims – Twin City General Instructions (Fiberglass Ventilators) - IM-3000 User Manual

Page 7

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Twin City IM-3000

7

Seller warrants to the original purchaser that the goods

sold hereunder shall be free from defects in workman-

ship and material under normal use and service (except

in those cases where the materials are supplied by the

buyer) for a period of one year from the date of original

installation or eighteen (18) months from the date of

shipment, whichever occurs first. The liability of seller

under this warranty is limited to replacing, repairing, or

issuing credit (at cost, F.O.B. factory and at seller’s

discretion) for any part or parts which are returned by

buyer during such period provided that:
a. seller is notified in writing within ten (10) days fol-

lowing discovery of such defects by buyer, or

within ten (10) days after such defects should rea-

sonably have been discovered, whichever is less;

b. the defective unit is returned to seller, transportation

charges prepaid by buyer.

c. payment in full has been received by seller or said

products; and

d. seller’s examination of such unit shall disclose to its

satisfaction that such defects have not been caused

by misuse, neglect, improper installation, repair,

alteration, act of God, or accident.

No warranty made hereunder shall extend to any seller

product whose serial number is altered, effaced or

removed. Seller makes no warranty, express or implied,

with respect to motors, switches, controls, or other

components of seller’s product, where such components

are warranted separately by their respective manufactur-

ers. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL

OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER

STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED

WARRANTY OF MERCHANTABILITY OR FITNESS FOR

A PARTICULAR PURPOSE. In no event shall seller be

liable to buyer for indirect, incidental collateral, or con-

sequential damages of any kind. (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, EXPRESS

OR IMPLIED, WHETHER STATUTORY OR OTHERWISE,

INCLUDING

ANY

IMPLIED

WARRANTY

OR

MERCHANTABILITY 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 CONTACT.)

Limitation of Warranties and Claims