Limitation of warranties and claims – Twin City Axial Roof Ventilators and Tubeaxial Fans - IM-4000 User Manual

Page 7

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Twin City IM-4000

7

Seller warrants to the original purchaser that the

goods sold hereunder shall be free from defects in

workmanship and material under normal use and service

(except in those cases where the materials are supplied

by the buyer) for a period of one year from the date of

original installation or eighteen (18) months from the date

of shipment, whichever occurs first. The liability of seller

under this warranty is limited to replacing, repairing, or

issuing credit (at cost, F.O.B. factory and at seller’s

discretion) for any part or parts which are returned by

buyer during such period provided that:
a. seller is notified in writing within ten (10) days

following discovery of such defects by buyer, or

within ten (10) days after such defects should

reasonably have been discovered, whichever is less;

b. the defective unit is returned to seller, transportation

charges prepaid by buyer;

c. payment in full has been received by seller for said

products;

d. seller’s examination of such unit shall disclose to its

satisfaction that such defects have not been caused

by misuse, neglect, improper installation, repair,

alteration, act of God, or accident.

No warranty made hereunder shall extend to any

seller product whose serial number is altered, effaced

or removed. Seller makes no warranty, express or

implied, with respect to motors, switches, controls,

or other components of seller’s product, where such

components are warranted separately by their respective

manufacturers. THIS WARRANTY IS EXPRESSLY IN LIEU

OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

WHETHER STATUTORY OR OTHERWISE, INCLUDING

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE. In no event

shall seller be liable to buyer for indirect, incidental

collateral, or consequential damages of any kind.

(BUYER’S FAILURE TO PAY THE FULL AMOUNT DUE

WITHIN SIXTY (60) DAYS OF DATE OF INVOICE SHALL

OPERATE TO RELEASE SELLER FROM ANY AND ALL

LIABILITY OR OBLIGATION ARISING PURSUANT TO

ANY WARRANTY, EXPRESS OR IMPLIED, WHETHER

STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED

WARRANTY OR MERCHANTABILITY OR FITNESS FOR

A PARTICULAR PURPOSE, MADE IN CONNECTION

WITH ANY CONTRACT FORMED HEREUNDER. BUYER

AGREES THAT SUCH FAILURE TO PAY SHALL

CONSTITUTE A VOLUNTARY WAIVER OF ANY AND ALL

SUCH WARRANTIES ARISING PURSUANT TO SUCH

CONTACT.)

Limitation of Warranties and Claims

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