WARRANTY OF GOODS MANUFACTURED BY SELLER
1. Except to the extent Seller specifies another warranty period in writing, Seller warrants products and parts manufactured by it and sold hereunder to be free from material defect in material and workmanship for a period of eighteen (18) months from date of startup or twenty-four (24) months from date of shipment whichever occurs sooner, and for end plates and casted housings only, for the lifetime of the product (the “Warranty Period”) provided, however, that Seller’s sole responsibility under this warranty shall be to either repair or replace at Seller’s option, any part which fails during the Warranty Period because of a defect in workmanship and material. Such replacement parts shall be provided at no cost to Purchaser, at the business establishment of Seller during regular working hours. Seller’s obligation under this warranty shall not include any transportation charges, cost of installation, duty, taxes or any other charges whatsoever.
2. Seller shall be under no liability for breach of the warranty set forth herein: (i) unless the Equipment has been properly installed, used, maintained and serviced; (ii) unless Purchaser has promptly informed Seller in writing of the defect alleged within the Warranty Period and within 7 days of the discovery thereof; (iii) with respect to wearing and consumable parts; (iv) if Purchaser places Products in long-term storage and fails to perform proper long-term storage preparations per Seller’s instructions; and/or (v) to Equipment or component parts or accessories thereof not manufactured by Seller.
3. Seller makes no representation regarding compliance with any state, provincial, or local law, rules, regulations, building code or ordinance relating to the installation or operation of the Equipment.
4. If the Purchaser informs the Seller of a defect after the Warranty Period has expired, then Seller may offer advice (free of charge) and may offer repair or replacement at Purchaser’s expense. Any dispute as to whether a defect is covered by the Warranty shall be immediately referred to an expert to be agreed by Seller and Purchaser whose decision shall be final and binding upon the parties.
5. There are no third party beneficiaries of the Warranty granted by Seller.
WARRANTY OF OTHER MANUFACTURER’S PRODUCTS
Seller makes no warranties or representations of any kind whatsoever, either expressed, implied or statutory on any component parts or accessories sold hereunder not manufactured by Seller. Seller hereby extends the manufacturer’s warranty or guaranties, if any, given to Seller by the manufacturer of said component parts and accessories, but only to the extent Seller is able to enforce such warranty or guaranties. Seller does not guaranty warranties of other manufacturers’ products. Claims under any manufacturer’s warranty shall be made in accordance with the manufacturer’s requirements regarding the return, repair or replacement of the goods. Seller agrees to use its best efforts and cooperate with Purchaser in enforcing claim against manufacturer(s) for defects that may occur. Seller has not authorized any party to make any representation or warranty other than the above warranty statements