shall conform to the performance specifications set forth in the documents supplied to you by EEC for
period of one year following EEC’s notice to you of the substantial completion of the installation, subject
to the following terms and conditions:
1. Notice- You agree to provide EEC with prompt notice describing any defect within 30 days of
discovery of such defect. Such notice will be accompanied by all available supporting data.
2. No Modifications- Any modifications, changes, or alterations to the equipment installed by EEC,
without the express prior written consent of EEC, will automatically void this warranty.
3. Maintenance and Use- Any maintenance or use of the equipment installed by EEC that does not
conform to the specifications set forth in the documents supplied to you by EEC will automatically
void this warranty. You shall maintain detailed records of your use and maintenance of such
equipment during the term of this warranty.
4. Correction of Defect- If this warranty has not been voided or expired, EEC shall examine and, at
EEC’s option, either repair or replace the reported defect in a timely manner without charge for
materials and labor. Conditional to this is; (a) you agree to maintain adequate records of your use and
maintenance of defected equipment, (b) you make said records readily available to EEC, and (c) you
agree to provide EEC with all support personnel and equipment necessary to locate and correct for the
reported defect.
5. Uncovered Defect- In the event that the defect reported by you is not covered by this warranty, you
agree to pay EEC its standard changes for materials and labor for all services rendered, plus all
reasonable travel and incidental expenses associated with providing such services.
6. No Extension of Term Through Repair- Repair or replacement of any defective part shall not
extend the period of this warranty.
7. Subordination to Warranties of Manufactures and Suppliers- EEC hereby assigns to you, to the
extent permitted, any warranties made by the manufacturers and suppliers of the equipment installed
by EEC (and the components thereof). When applicable, such warranties shail take precedence over
EEC’s warranties hereunder, and you shall take reasonable efforts to enforce such warranties before
enforcing any of EEC’s warranties hereunder.
8. Limitations- THERE ARE NO WARRANTIES, INCLUDING THE WARRANTY OF
MERCHANTABLITY AND FITNESS, EXTENDING BEYOND THOSE SET FORTH IN THIS ARTICLE.
IN NO EVENT SHALL EEC BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND
SERVICES DESCRIBED HEREIN.
We hope this proposal meets your requirements and look forward to working with you.
Sincerely,
Scott D. Willard
Should the above proposal meet with your approval, please sign below and return.
Agreement Accepted By: Agreement Offered By:
Name:
