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Quotation Quote Number:142528 RevO
<br /> ...continued from previous page Codes:002/028/029
<br /> or to otherwise correct or remedy the specific condition upon which Buyer is rejecting the equipment or
<br /> other products.Buyer's proper rejection shall apply only to nonconforming goods,and Buyer is required
<br /> to complete its purchase of all other products strictly in accordance with the terms and conditions of
<br /> any and all Purchase Orders between Buyer and McCrometer.
<br /> SECTION 10:WARRANTY
<br /> McCrometer warrants that the equipment or services supplied will be free from defects in material,
<br /> and workmanship for a period 12 months from the date the equipment was first installed,but in no
<br /> event longer than 18 months from the date the equipment was first shipped by McCrometer.Repairs
<br /> shall be warranted for 12 months or,if the repair is performed under this warranty,for the remainder
<br /> of the original warranty period,whichever is less.Buyer shall report any claimed defect in writing to
<br /> McCrometer immediately upon discovery and in any event,within the warranty period.McCrometer
<br /> shall,at its sole option,repair the equipment or furnish replacement equipment or parts thereof,at the
<br /> original delivery point.McCrometer shall not be liable for costs of removal,reinstallation,or gaining
<br /> access.If Buyer or others repair,replace,or adjust equipment or parts without McCrometer prior written
<br /> approval,McCrometer is relieved of any further obligation to Buyer under this section with respect to
<br /> such equipment.
<br /> No equipment fumished by McCrometer shall be deemed to be defective by reason of normal wear
<br /> and tear,failure to resist erosive or corrosive action of any fluid or gas(unless otherwise specified in
<br /> Quotations/Purchase Order Specifications),Buyer's direct or indirect failure(or the failure of its agents
<br /> or contractors)to properly store,install,operate,or maintain the equipment in accordance with good
<br /> industry practices or specific recommendations of McCrometer,or Buyer's failure to provide complete
<br /> and accurate information to McCrometer concerning the operational application of the equipment.
<br /> THE FOREGOING LIMITED WARRANTIES WITH RESPECT TO EQUIPMENT AND PRODUCTS ARE
<br /> EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER WARRANTIES OF QUALITY OR PERFORMANCE,
<br /> EXPRESS,IMPLIED OR STATUTORY,INCLUDING,WITHOUT LIMITATION,ANY AND ALL WARRANTIES
<br /> OF MERCHANTABILITY OR FITNESS OF SAID EQUIPMENT AND PRODUCTS FOR ANY PARTICULAR
<br /> PURPOSE.MCCROMETER DISCLAIMS ANY WARRANTY,WHETHER EXPRESS OR IMPLIED,
<br /> REGARDING THE SUITABILITY OF PRODUCTS AND EQUIPMENT SUPPLIED PURSUANT TO ANY
<br /> PURCHASE ORDER FOR INSTALLATION IN ANY PARTICULAR SYSTEM OF SYSTEMS.MCCROMETER
<br /> MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ANY SERVICES PERFORMED BY
<br /> MCCROMETER OR ITS AGENTS PURSUANT TO ANY QUOTATION.
<br /> McCrometer does not authorize any person or entity(including,without limitation,McCrometer agents
<br /> and employees)to make any representations(verbal or written)contrary to the terms of this limited
<br /> warranty or its exclusions.Such terms of this limited warranty and its exclusions can only be effectively
<br /> modified in writing and only by the President of McCrometer.
<br /> SECTION 11:TECHNICAL DOCUMENTS
<br /> Technical documents furnished to Buyer,such as drawings,descriptions,designs and the like,shall
<br /> be deemed provided on a confidential basis,shall remain McCrometer's exclusive property,shall not
<br /> be provided in any way to third parties,and shall only be used by Buyer for purposes of installation,
<br /> operation and maintenance.Technical documents submitted in connection with a Quotation that does
<br /> not result in Purchase Order shall be returned to McCrometer if requested.
<br /> SECTION 12:LIMITATION OF LIABILITY
<br /> McCrometer's only liability under any purchase order shall be to repair or replace equipment and parts
<br /> which are found to be defective within the applicable warranty period,or,at McCrometer's option,
<br /> refund the purchase price of such equipment or parts.Mccrometer's maximum liability shall not exceed
<br /> the purchase order amount of such defective equipment or part,and any liability of McCrometer
<br /> shall terminate upon the expiration of the warranty period,if not sooner terminated. In no event shall
<br /> McCrometer be liable to buyer for any incidental,consequential,indirect,special or punitive damages,
<br /> whether pursuant to contract,in tort,or based upon negligence or strict liability,including but not limited
<br /> Copyright©2013 McCrometer,Inc.All printed material should not be changed or altered without permission of McCrometer.Any published
<br /> technical data,instructions and Terms And Conditions
<br /> are subject to change without notice.Contact your McCrometer representative for current content.
<br /> McCrometer, Inc.3255 WEST STETSON AVENUE•HEMET,CALIFORNIA 92545 USA TEL:951-652-6811 •800-220-2279•FAX:951-652-
<br /> 3078
<br /> Printed In The U.S.A.5 Lit.30121-17 Rev. 1.0/06-13
<br /> to,damages for loss of profits or revenue,loss of use of the equipment or any associated equipment
<br /> used by buyer in connection therewith,lost goodwill,costs of substitution or replacement,costs of any
<br /> delay or inability to operate the equipment,work stoppage,environmental damage,nuclear incident,
<br /> loss by reason of shutdown or non-operation,increased expenses of operation,cost of purchase of
<br /> replacement power or claims of buyer or BUYER's customers for service interruption or other damages
<br /> suffered by buyer or its customers.In no event shall McCrometer be liable to buyer for any damages
<br /> whatsoever resulting from the failure of any system or systems in which McCrometer's products are
<br /> installed.
<br /> Buyer shall defend,indemnify,release and hold harmless McCrometer,its directors,officers,employees,
<br /> agents,representatives,successors and assigns,whether acting in the course of their employment or
<br /> otherwise,against any and all suits,actions,or proceedings,at law or in equity,and from any and all
<br /> claims,demands,losses,judgments,fines,penalties,damages,costs,expenses,or liabilities(including,
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<br /> n Avenue, Hemet,CA 92545,
<br /> *142528* Tel(5)652-6811cFFax(951)652-3078-Website: http://w m.mccr me err..com
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