| SELLER warrants to BUYER that the work performed by SELLER
shall be free from defects in workmanship and material for the length of time stated in
the Order Form after the date of delivery of the Remanufactured Equipment to a carrier EX
WORKS or the storage of the Remanufactured Equipment by SELLER. SELLER'S
sole obligation under this warranty will be limited to, at SELLER'S option, to repair or
replace any parts installed by SELLER in the Remanufactured Equipment which SELLER
reasonably determines are not in conformity with this warranty. Subject to its evaluation
and at its option, SELLER shall repair EX WORKS its facility parts not conforming to this
warranty when returned, within fifteen (15) days of issuance of written return
authorization by SELLER, to SELLER'S factory, transportation prepaid, provided that SELLER
receives prompt written notification of such defects, the Remanufactured Equipment has
been operated in accordance with applicable instructions and properly maintained, has not
been misused, altered or repaired by BUYER or anyone acting on BUYER'S behalf, and was
installed properly. All returned parts become SELLER'S property.
Correction of such defects by repair or replacement of parts installed by
SELLER in the Remanufactured Equipment at SELLER'S facility or its designee's facility and
shipment of the repaired or replacement part(s) to BUYER EX WORKS from SELLER'S facility
or its designee's facilities shall constitute BUYER'S sole and exclusive remedy and the
fulfillment of all of SELLER'S obligations.
BUYER UNDERSTANDS AND AGREES THAT THE WARRANTY STATED IN THIS AGREEMENT
APPLIES ONLY TO THE REMANUFACTURING SERVICES AND ANY NECESSARY PART(S) OR COMPONENTS SOLD
HEREUNDER AND NOT TO THE REMANUFACTURED EQUIPMENT ITSELF.
UNLESS OTHERWISE AGREED IN WRITING, SELLER DOES NOT GIVE ANY PERFORMANCE
GUARANTIES WITH RESPECT TO THE REMANUFACTURED EQUIPMENT. THIS WARRANTY EXTENDS TO BUYER
ONLY AND NOT TO BUYER'S CUSTOMERS, USERS OF BUYER'S PRODUCTS OR ANY PERSON ACQUIRING THE
EQUIPMENT FROM BUYER OR ANY UNTRAINED PERSON USING THE REMANUFACTURED EQUIPMENT. |