Mathey Dearman CGM Cold Cutting System - Manual (Page 4)

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2.4 Warranty
If any merchandise sold hereunder (except merchandise manufactured by other persons or firms) by Mathey
Dearman, Inc. (the “Company”) is not in accordance with specifications shown on the order within customarily
accepted tolerances, or is defective on account of workmanship or material, and if such merchandise is returned at
the customer’s expense and rise, to the Company’s manufacturing facility (or at the Company’s option, is returned to
a repair facility authorized by the Company), within 1year after the Company’s date of shipment thereof, the
Company will, at its option, replace or repair the merchandise. This agreement, however, is upon the conditions: (A)
that the customer promptly notifies the Company in writing of any claim under this agreement, setting forth in detail
any such claimed defect. (B) That the Company be afforded a reasonable opportunity to examine the merchandise
and to investigate the claimed defect at the Company’s manufacturing facility or at an authorized repair facility, the
Company shall not be, in any event, liable for damages beyond the price paid by the customer for such defective
merchandise; specifically but without limitation, the Company may fulfill its obligations under this Agreement by
tendering such purchase price at any time. THE COMPANY SHALL NOT BE LIABLE FOR
CONSEQUENTIAL,
INCIDENTAL, PUNITITVE, OR EXEMPLARY DAMAGES.
This agreement does not obligate the Company to bear any transportation charges in connection with the
replacement or the repair of defective merchandise. As to any item manufactured by other persons or firms, the
Company agrees to present a request for adjustment for repair to such manufacturer, and the customer agrees that the
liability of the Company shall not exceed any adjustment with respect to which such manufacturer accepts
responsibility. THE ABOVE AGREEMENT IS IN LIEU OF ALL WARRANTIES, EXPRESSED OR
IMPLIED AND IT IS AGREED THAT THERE IS NO EXPRESSED OR IMPLIED WARRANTY BY THE
COMPANY AS TO THE FITNESS, MERCHANTABILITY CAPACITY, OR EFFICIENCY OF ANY
MERCHANDISE SOLD, AND THAT THERE ARE NO ORAL OR WRITTEN EXPRESSED OR IMPLIED
WARRANTIES MADE IN CONNECTION WITH ANY SALE BY THE COMPANY. No modification or
addition to this agreement, either before or after the contract of sale, shall be made except on written authority of the
President or Vice President of the Company.
2.5 Limitation of Liability
In no event shall Mathey Dearman be liable to any person or entity for any incidental, consequential, indirect, or
punitive damages (including but not limited to lost profits) regardless of whether such liability is based on breach of
contract, tort, strict liability, breach of warranties, failure of essential purpose or otherwise and even if advised of he
possibility of such damages
2.6 Liability Cap
In no event shall Mathey Dearman’s liability, whether such liability is based on breach of contract, tort, strict
liability, breach of warranties, failure of essential purpose or otherwise, for any claim action suit or proceeding
arising out of or relating to the use of the Products exceed in the aggregate the amount paid for the Products that
gave rise to the claim
2.7 Insurance
At all times you will have and maintain insurance in such quantities and types, and with coverage sufficient and
appropriate to defend and to hold Mathey Dearman, Inc. harmless in the event of any cause of action arising from
the use of the product.
2.8 National and Local Codes
National and Local codes governing plumbing and electrical installation shall take precedent over any instructions
contained in this manual. In no event shall Mathey Dearman, Inc. be liable for injury to persons or propery damage
by reason of any code violation or poor work practices.
2.9 Transfer Rights
You may transfer any remaining rights you may have hereunder only in connection with the sale of all or
substantially all of your assets or capital stock to a successor in interest who agrees to be bound by all of the terms
and conditions of this Warranty