from or arising out of such cancellation or change in specifications. In the absence of such indemnification, we shall be
entitled to recover all damages and costs of whatever nature permitted by the Uniform Commercial Code.
7. DEFERRED SHIPMENT: If shipment is deferred at your request, payment of the contract price shall become due when
you are notified that the Equipment is ready for shipment. If you fail to make payment or furnish shipping instructions we
may either extend the time for so doing or cancel the contract. In case of deferred shipment at your request, storage and
other reasonable expenses attributable to such delay shall be payable by you.
8. EQUIPMENT WARRANTY AND REMEDY:
(a) For new Equipment only, we warrant to you that the Equipment that is the subject of this sale is free from
defects in design (provided that we have design responsibility), material and workmanship. The duration of this warranty is
twelve (12) months from delivery to you (the "Warranty Period"). If you discover within the Warranty Period a defect in
design, material or workmanship, you must promptly notify us in writing. Within a reasonable time after such notification, we
will correct any such defect with either new or used replacement parts, at our option. Such repair, including both parts and
labor, is at our expense.
(b) For repairs, parts and service provided by us, we warrant to you that the repairs parts and service we provide to
you will be free from defects in material and workmanship. The duration of this warranty is ninety (90) days from as
applicable (i) the date the machine which required the repairs, parts or service is retumed to you by us, (ii) the date of your
receipt of the part, or (iii) the date of repair, if performed at your facility. If during this ninety day period you discover a defect
in the repairs, parts or service you must promptly notify us in writing.
(c) All warranty service is subject to our prior examination and approval and will be performed by us at your facility
or at service centers designated by us. All transportation to and from the designated service center will be at our expense. If
we are unable to repair the Equipment to conform to the warranty after a reasonable number of attempts, we will provide, at
our option, one of the following: (i) a replacement for such Equipment, or (ii) full refund of the purchase price. These
remedies are your exclusive remedies for breach of warranty. Unless otherwise agreed in writing by us, our warranty
extends only to you and is not assignable to or assumable by any subsequent purchaser, in whole or in part, and any such
attempted transfer shall render all warranties provided hereunder null and void and of no further force or effect.
(d) We will use ail reasonable efforts to obtain for you any manufacturer's guarantees or warranties for any sub-
assemblies included in the Equipment. To the extent such warranties are assignable, we hereby assign to you all
warranties that are granted to us by our suppliers of any sub-assemblies contained in the Equipment.
(e) The warranties set forth above are inapplicable to and exclude (i) any product, components or parts not
manufactured by us or covered by the warranty of another manufacturer, (ii) damage caused by accident or the negligence
of you or any third party, normal wear and tear, erosion, corrosion or by disasters such as fire, flood, wind and lightning, (iii)
damage caused by your failure to follow all installation and operation instructions or manuals or to provide normal
maintenance, {iv) damage caused by unauthorized or improper installation of attachments, repairs or modifications, (v)
damage caused by a product or component part which we did not design, manufacture, supply or repair, or (vi) any other
abuse or misuse by you or any third party.
9. LIMITATION OF LIABILITY: In no event shall we be liable, and you hereby waive any claims against us and release us
from liability to you, for any indirect, special, punitive, incidental, or consequential damages whatsoever based upon breach
of warranty, breach of contract, negligence, strict tort, or any other legal theory. Excluded damages include, but are not
limited to, loss of profits, loss of savings or revenue, loss of use of the Equipment or any associated equipment, cost of
capital, cost of any substitute Equipment, facilities or services, downtime, the claims of third parties including customers,
and injury to property. This limitation does not apply to claims for personal injury. Some states do not allow limits on
warranties, or on remedies for breach in certain transactions. In such states, certain of the limitations in this paragraph and
in subparagraph 8(c) may not apply.
10. OWNERSHIP: All drawings, designs and specifications supplied by us have been prepared or assembled by us and are
solely our property. Such drawings, designs and specifications have been furnished in order to provide full documentation
and on the condition that they shall not be reproduced or copied in any manner whatsoever, in whole or in part, except for
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