WARRANTY
WARRANTY: The Seller warrants the goods sold hereunder against defects in workmanship or materials under normal and proper installa- tion for a period of twelve (12) months from the date of delivery. BUYER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY IS FOR THE REPAIR OR REPLACEMENT AT SELLER’S OPTION, WITHOUT CHARGE TO BUYER EXCEPT FOR SHIPPING EXPENSES, AT THE OFFICE OF THE SELLER IN LOUISVILLE, KENTUCKY, OF ANY PART WHICH HAS PROVEN TO BE DEFECTIVE AT THE TIME IT WAS DELIVERED. ANY GOODS UNDER WARRANTY MUST BE RETURNED TO THE SELLER’S OFFICE FOR INSPECTION BY THE SELLER AND, IF ANY SUCH GOODS ARE FOUND TO BE DEFECTIVE, FOR REPAIR OR REPLACEMENT. ALL FREIGHT AND EXPENSES OF SHIPMENT TO AND FROM THE SELLER’S OFFICE SHALL BE BORNE BY THE BUYER. THE SELLER IS NOT RESPONSIBLE FOR ANY EXPENSES OF ANY NATURE INCURRED FOR ANY REPAIRS TO ALTERATIONS MADE BY OTHERS TO THE GOODS OR ANY OTHER EQUIPMENT WITHOUT THE PREVIOUS WRITTEN CONSENT OF THE SELLER. SHOULD THE GOODS BE PARTIALLY OR FULLY INSTALLED, ALTERED, STRIPPED, REPAIRED, SERVICED, OR MAINTAINED BY ANY PERSON OTHER THAN AUTHORIZED AGENTS AND EMPLOYEES OF THE SELLER, WITHOUT THE PREVIOUS CONSENT OF THE SELLER, OR MISUSED IN ANY WAY, THIS WARRANTY SHALL BE VOID. THIS WARRANTY CONSTITUTES THE ONLY WARRANTY BY THE SELLER OF THE GOODS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR BUYER’S ATTORNEY’S FEES.
NO CONSEQUENTIAL DAMAGES: UNDER NO CIRCUMSTANCES SHALL THE SELLER BE LIABLE FOR (A) FOR ANY CONSEQUENTIAL, SPECIAL, OR CONTINGENT DAMAGES OR EXPENSES, OR ANY OTHER CHARGES BEYOND THE INVOICE VALUE OF THE DEFECTIVE ITEMS, (B) ANY DAMAGE, INJURY, BREAKAGE OR LOSS OF ANY KIND WHATSOEVER, (C) ANY LOSS OF INCOME, OR (D) ANY CONSE- QUENTIAL LOSS.
NO TORT LIABILITY: SELLER DISCLAIMS ANY LIABILITY FOR CLAIMS BASED ON SELLER’S NEGLIGENCE OR STRICT LIABILITY IN TORT.
PARTS: This Warranty and all disclaimers and limitations of liability shall apply to all parts sold to Buyer.
TRAINING AND SUPERVISION: The buyer hereby assumes the affirmative duty to properly educate, instruct and supervise its employees and all others, except employees of the Seller, in the safe, proper use and operation of the goods. The Buyer agrees to indemnify the Seller for any damages paid by the latter as a result of the Buyer’s failure to perform this affirmative duty.
Seller is not responsible for claims for damage due to improper installation or maintenance, corrosive fluids, or use of a product for a purpose other than it was specifically designed for. The goods are not designed or intended for use with every substance. If the material which the Buyer contemplates transferring with the goods has corrosive or polymerizing or other properties which may result in unsatisfac- tory or dangerous operations, the Seller has no liability or responsibility for performance of the goods.
RETURN OF GOODS: No goods supplied may be returned to the Seller for credit without the Seller’s prior written authorization before transportation thereof commences and in such cases transportation must be prepaid and the Buyer’s name, address, original order number and the Seller’s invoice number must be clearly marked on the shipping tag.
If any goods are returned to the Seller for repair or under warranty and no instructions are received within two months after Seller receives the goods for repair or sends notice to Buyer of the disallowance of a warranty claim, the Seller reserves the right to scrap the goods returned, and no subsequent claim for any costs or losses will be accepted.
APPLICABLE LAW AND VENUE: The rights and obligations of the parties hereunder shall be governed in all respects, including all ques- tions of construction and performance of this order, by the laws of Kentucky. All disputes concerning this order shall be resolved in an appropriate state or federal court located in Louisville, Kentucky.
MODIFICATION OR RESCISSION: This warranty can only be modified or rescinded by a written agreement signed by an officer of both the Buyer and the Seller.
Syltone Industries, LLC
Louisville, Kentucky
SYLTONE INDUSTRIES, LLC
2501 Constant Comment Place
Louisville, KY 40299
phone:
phone:
fax:
date: