Legal Information
Patent
The units described in this manual are covered by U.S. Patents, with other patents pending.
Buyer shall hold harmless and indemnify the Seller, its directors, officers, agents, and employees from any and all costs and expense, damage or loss, resulting from any alleged infringementof United States Letters Patent or rights accruing thereform or trademarks, whether federal, state, or common law, arising from the Seller’s compliance with Buyer’s designs, specifications, or instructions.
Warranty
Seller hereby warrants that the goods which are the subject matter of this contract will be manufactured in a good workmanlike manner and all materials used herein will be new and reasonably suitable for the equipment. Seller warrants that if, during a period of five years from date of shipment of the equipment, the equipment rendered shall be found by the Buyer to be faulty or shall fail to peform in accordance with Seller’s specifications of the product, Seller shall at his expense correct the same, provided, however, that Buyers shall ship the equipment prepaid to Seller’s facility. The Seller’s responsibility hereunder shall be limited to replacement value of the equipment furnished under this contract.
Seller makes no warranties expressed or implied other than those set out above. Seller specifically excludes the implied warranties of merchantibility and fitness for a particular purpose. There are no warranties which extend beyond the description contained herein. In no event shall Seller be liable for consequential, exemplary, or punitive damages of whatever nature.
Any equipment returned for repair must be sent with transportation charges prepaid. The equipment must remain the property of the Buyer. The aforementioned warranties are void if the value of the unit is invoiced to the Seller at the time of return.
Indemnification
The Seller shall not be liable for any property damages whatsoever or for any loss or damage arising out of, connected with, or resulting from this contract, or from the performance or breach thereof, or from all services covered by or furnished under this contract.
In no event shall the Seller be liable for special, incidental, exemplary, or consequential damages, including but not limited to, loss of profits or revenue, loss of use of the equipment or any associated equipment, cost of capital, cost of purchased power, cost of substitute equipment, facilities or services, downtime costs, or claims or damages of customers or employees of the Buyer for such damages, regardless of whether said claim or damages is based on contract, warranty, tort including negligence, or otherwise.
Under no circumstances shall the Seller be liable for any personal injury whatsoever.
It is agreed that when the equipment furnished hereunder are to be used or performed in connection with any nuclear installation, facility, or activity, Seller shall have no liability for any nuclear damage, personal injury, property damage, or nuclear contamination to any property located at or near the site of the nuclear facility. Buyer agrees to indemnify and hold harmless the Seller against any and all liability associated therewith whatsoever whether based on contract, tort, or otherwise. Nuclear installation or facility means any nuclear reactor and includes the site on which any of the foregoing is located, all operations conducted on such site, and all premises used for such opera- tions.
Notice:
Any illustrations and descriptions by Beckwith Electric Co., Inc. are for the sole purpose of identification.
The drawings and/or specifications enclosed herein are the proprietary property of Beckwith Electric Co., Inc., and are issued in strict confidence; therefore, shall not be used as a basis of reproduction of the apparatus described therein without written permission of Beckwith Electric Co., Inc.
No illustration or description contained herein shall be construed as an express warranty of affirmation, promise, description, or sample, and any and all such express warranties are specifically excluded nor shall such illustration or description imply a warranty that the product is merchantable or fit for a particular purpose. There shall be no warranties which extend beyond those contained in the Beckwith Electric Co., Inc. terms of sale.
All rights reserved by Beckwith Electric Co., Inc. No reproduction may be made without prior written approval of the Company.