Warranty Exclusion Provision - Ii

Contracting for Profit

Warranty Exclusion Provision II

SELLER does not represent or warrant that the Remanufactured Equipment will comply with all standards or requirements of legislation or other codes, regulations or guidelines for the regulation or protection of occupational environment or health which have been or may be enacted or promulgated in any federal, state, or other jurisdiction, and SELLER EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY FAILURE TO COMPLY WITH ANY SUCH LEGISLATION OR OTHER CODES, REGULATIONS OR GUIDELINES UNLESS SEPARATELY AGREED TO BY SELLER IN WRITING. Where possible, SELLER will modify the equipment at the BUYER'S specific request, at the prices currently in effect for such modifications. SELLER cannot and does not warrant that the Remanufactured Equipment will meet the requirements of the Occupational Safety and Health Act or other laws. Where possible, SELLER will modify the equipment at the BUYER's specific request, at the prices stated in this contract.

THE RELATION CREATED BY THIS CONTRACT BETWEEN SELLER AND BUYER IS NONE OTHER THAN VENDOR AND VENDEE. SELLER'S RELATIONSHIP TO BUYER IS NOT THAT OF CONSULTANT OR EXPERT. BUYER UNDERSTANDS THAT TO THE EXTENT SELLER'S REMANUFACTURING SERVICES AND OTHER RELATED SERVICES INCLUDE MODIFICATION OR ALTERATION OF THE ORIGINAL EQUIPMENT OWNED BY BUYER, BUYER IS THE MODIFIER OF ANY SUCH EQUIPMENT. BUYER UNDERSTANDS THAT BY SELLER'S AGREEING TO PERFORM REMANUFACTURING SERVICES OR OTHER RELATED SERVICES ON BUYER'S ORIGINAL EQUIPMENT, SELLER'S SCOPE OF WORK IS LIMITED TO THAT STATED IN THE ORDER FORM. IF SELLER ACQUIRES ACTUAL KNOWLEDGE OF ANY DANGEROUS CONDITIONS OR DEFECTS THEN EXISTING ON SUCH EQUIPMENT OR FAILURE OF SUCH EQUIPMENT TO COMPLY WITH CURRENT “AMERICAN NATIONAL STANDARDS INSTITUTE” SAFETY STANDARDS OR OTHER APPLICABLE SAFETY STANDARDS, IT SHALL ADVISE BUYER. BUYER SHALL REMAIN RESPONSIBLE TO INSURE THAT THE REMANUFACTURED EQUIPMENT IS FREE OF DANGEROUS CONDITIONS OR DEFECTS AND THAT THE REMANUFACTURED EQUIPMENT COMPLIES WITH THE THEN CURRENT SAFETY STANDARDS.