Standard
Statement of Warranty & Limitation
of Liability
Equipment manufactured by Kinetics
Industries, Inc., is guaranteed
for a period of one year from the
date of shipment against defects
in materials and/or workmanship
and to operate in accordance with
our proposals, specifications and
name-plate data under conditions
of proper installation, rated load,
environment and usage. Any defects
in materials and/or workmanship
will be repaired or replaced at
Kinetics’ option, F.O.B. Kinetics’
plant, or at Kinetics’ option,
in the field under straight-time
hours condition. Rate premiums for
non-straight time hours, travel
or service work (hours greater then
8 hours per day, Saturday, Sunday
and holidays) will be at the expense
of the party requesting the service.
Kinetics shall in no event be responsible
for special, indirect or consequential
damages, nor for repairs or replacements
made by others without the written
authorization of Kinetics. Correction
of defects by repairing or replacing
shall constitute the fulfillment
of Kinetics warranty. Kinetics’
liability on any claim of any kind,
including negligence, for any loss
or damage arising out of, connected
with, or resulting from the sale
of Kinetics’ equipment shall
in no case exceed the total price
paid for such equipment. Payment
for products, services and/or parts
must be "current" and
within the procurement contractual
terms of payment for the product
to have an active warranty.
The foregoing warranty is in lieu
of any other warranty or obligation
expressed or implied, and no liability
is assumed by Kinetics Industries,
Inc. except as is expressly stated
above.
It is expressly understood and
agreed that Kinetics makes no warranty
with respect to any equipment not
manufactured by Kinetics or with
respect to any components of Kinetics’
equipment manufactured by others.
In all such cases, the Buyer shall
rely solely on the warranty and/or
independent testing agency certifications
of the manufacturers of such equipment
or component, if any.
May 4, 2005
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