B: limited warranty, Imited, Arranty – Perma Pure eCOOL 5000 Series User Manual

Page 5

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Section B: Limited Warranty

5

B:

L

IMITED

W

ARRANTY

Perma Pure LLC

WARRANTY and DISCLAIMERS

Perma Pure (Seller) warrants that product supplied hereunder shall, at the time of delivery to Buyer,
conform to the published specifications of Seller and be free from defects in material and
workmanship under normal use and service. Seller’s sole obligation and liability under this warranty is
limited to the repair or replacement at its factory, at Seller’s option, of any such product which proves
defective within one year after the date of original shipment from seller’s factory (or for a normal
usable lifetime if the product is a disposable or expendable item) and is found to be defective in
material or workmanship by Seller’s inspection.

Buyer agrees that (1) any technical advice, information, suggestions, or recommendations given to
Buyer by Seller or any representative of Seller with respect to the product or the suitability or
desirability of the product for an particular use or application are based solely on the general
knowledge of Seller, are intended for information guidance only, and do not constitute any
representation or warranty by Seller that the product shall in fact be suitable or desirable for any
particular use or application; (2) Buyer takes sole responsibility for the use and applications to which
the product is put and Buyer shall conduct all testing and analysis necessary to validate the use and
application to which Buyer puts the product for which Buyer may recommend the use or application of
the product by others; and (3) the characteristics, specifications, and/or properties of the product may
be affected by the processing, treatment, handling, and/or manufacturing of the product by Buyer or
others and Seller takes no responsibility for he nature or consequence of such operations or as to the
suitability of the product for the purposes intended to be used by Buyer or others after being
subjected to such operations.

SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, OF THE PRODUCT
SUPPLIED HEREUNDER, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, AND ALL SUCH
WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. SELLER SHALL HAVE NO LIABILITY
FOR LOSS OF PROFITS, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER
ANY CIRCUMSTANCES OR LEGAL THEORY, WHETHER BASED ON NEGLIGENCE, BREACH
OF WARRANTY, STRICT LIABILITY, TORT, CONTRACT, OR OTHERWISE. SELLER SHALL IN
NO EVENT BE LIABLE IN RESPECT OF THIS ORDER AND OR PRODUCT DELIVERED ON
ACCOUNT OF THIS ORDER FOR ANY AMOUNT GREATER THAN THAT PAID TO SELLER ON
ACCOUNT OF THIS ORDER.

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