WARRANTY: All references hereunder to products includes all pneumatic and vacuum control equipment, systems and other items which are manufactured and/or distributed by Seller. Seller warrants products manufactured and/or distributed by it to be free from defects in materials and workmanship arising from normal usage of the products, provided such defects appear or are discovered within 1 year after the purchase date of the products and, provided further, that Buyer notifies Seller of such defects in writing within 30 days after the appearance or discovery thereof. All transportation charges incurred in connection with this warranty shall be borne by Buyer. If within such period, any such products shall be proven to Sellers satisfaction to be defective, such products shall be replaced or their price refunded, at Sellers option. Sellers obligations for non-performance, defective products, or any damage caused by its products or their use, and Buyers exclusive remedy therefore, shall be limited to such replacement or refund and shall be conditioned upon Sellers receiving written notice, together with a demand for such replacement or refund, within the time period specified herein. This exclusive remedy shall not be deemed to have failed its essesntial purpose under circumstances so long as Seller is willing and able to replace defective products or refund the purchase price within the time specified. SELLERS PRICES ARE BASED ON THIS POLICY LIMITING ITS LIABILITY. IF BUYER DESIRES FOR SELLER TO PROVIDE A WARRANTY GREATER THAN THAT WHICH IS STATED ABOVE, THEN SELLER WILL ADJUST UPWARDS THE PRICE FOR THE PRODUCTS DESCRIBED HEREIN OR ON THE FACE SIDE HEREOF TO REFLECT THE ADDITIONAL EXPENSE TO SELLER WHICH SUCH A WARRANTY OBLIGATION WOULD CAUSE.
DISCLAIMERS OF WARRANTY AND LIABILITY: THE FOREGOING WARRANTIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES (EXCEPT OF TITLE) INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller does not warrant its products to be suited for any particular purpose. Any suggestions made by seller concerning its products, their uses, their performance, production capabilities, quality requirements and/or suggestions with respect to equipment design, engineering, use or the like, are to be construed as suggestions only and any and all specified intended uses should be confirmed by the basis of the bargain, and do not constitute a warranty that the products shall conform to that description. The use of any sample in connection with the sale is for illustrative purposes only, is not a part of the basis of the bargain and is not to be construed as a warranty that the product will conform to that sample. None of Sellers agents, employees, or representatives have any authority to bind Seller to any affirmation, representation or warranty other than those stated herein. Seller shall not be subject to any other obligations or liabilities whatsoever with respect to this agreement, products manufactured and/or distributed by it or any undertakings, acts or omissions relating thereto.
It shall be the sole responsibility of Buyer and/or User to comply with all federal, state and local rules and regulations concerning the use of products described herein or on the face hereof and shall not be the responsibility of Seller.
DISCLAIMER OF CONSEQUENTIAL DAMAGES AND OTHER LIABILITY: Sellers liability with respect to breaches of warranty shall be limited as provided herein. With respect to other breaches of this agreement, Sellers liability shall in no event exceed the contract price.SELLER SHALL NOT BE SUBJECT TO AND DISCLAIMS: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. Without limiting the generality of the foregoing, Seller specifically disclaims any liability for penalties (including administrative penalties), special or punitive damages, damages for lost profits or revenues, loss of use of products or any associated equipment, cost of capital, facilities or services, downtime, shut-down or slow-down costs, or for any other types of economic loss. All of the limitations and disclaimers contained in this paragraph and in the rest of this agreement shall apply to claims of Buyers customers or any third party. Buyer shall indemnify Seller against any and all losses, liabilities, damages and expenses, (including, without limitation, attorneys fees and other costs of defending any action) which Seller may incur as a result of any claim by Buyer or others arising out of and/or in connection with the products and/or services sold hereunder and based on any product or service defects not proven to have been caused solely by Sellers negligence.
No waiver, alteration or modification of the foregoing shall be valid, unless made in writing and signed by an executive officer of Seller. Seller reserves the right to alter product designs and materials, when conditions warrant, without notice.
WARNING: Do not use these products when pressures or temperatures can exceed their rated operating conditions. See the applicable product specifications.
When using products made from polysulfone, please check material compatibility. Certain chemicals or contaminants can attack polysolfone and cause the product to fail.
Sellers products are not sold for applications in any medical equipment intended for use as a component of any life support system unless a specified written agreement pertaining to such intended use is executed between Seller and Buyer. Such agreement will require the equipment manufacturer either to contract for additional reliability testing of Sellers products and/or a commitment to undertake such testing as a part of its manufacturing process. In addition, Buyer must agree to indemnify and hold harmless Seller from any claims arising out of the use of Sellers products in life support equipment.