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Airtech, Inc. (“Company”) Warranty Statement
Company warrants that on the date of shipment to Purchaser the goods will be of the kind and
quality described herein, merchantable, and free of all defects in workmanship and materials.
If within one year from the date of initial operation, but not more than eighteen months from date
of shipment by the Company, of any item of the goods, Purchaser discovers that such item was
not as warranted above and promptly notifies Company in writing thereof, Company shall
remedy such defect by, at the Company’s option, adjustment, repair or replacement of the item
and any affected part of the good. Purchaser shall assume all responsibility and expense for
removal, reinstallation and freight in connection with the foregoing remedy. The same
obligations and conditions shall extend to replacement items furnished by the Company
hereunder. Company shall have the right of disposal of items replaced by it. Purchaser shall
grant Company access to the goods at all reasonable times in order for Company to determine
any defect in the goods. In the event that adjustment, repair or replacement does not remedy
the defect, the Company and Purchaser shall negotiate in good faith an equitable adjustment in
the contract price.
The Company’s responsibility does not extend to any item of the goods which has not been
manufactured and sold by the Company. Such item shall be covered only by the express
warranty, if any, by the manufacturer thereof. The Company and its suppliers shall also have no
responsibility if the goods have been improperly stored, handled or installed, or if the goods have
not been operated or maintained according to their ratings or according to the instructions in
Company or supplier furnished manuals, or if unauthorized repairs or modifications have been
made to the goods.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES (EXCEPT TITLE)
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS, AND CONSTITUTES THE ONLY WARRANTY OF COMPANY WITH RESPECT TO
THE GOODS.
The forgoing states Purchaser’s exclusive remedy against Company and its suppliers for any
defect in the good or for failure of the goods to be as warranted, whether Purchaser’s remedy is
based on contract, warranty, failure of such remedy to achieve its essential purpose, tort
(including negligence), strict liability, indemnity, or any other legal theory, and whether arising
out of warranties, representations, instructions, installations, or defects from any cause.
Neither Company nor its suppliers shall be liable, whether in contract, warranty, failure of a
remedy to meet its essential purpose, tort (including negligence), strict liability, indemnity or any
other legal theory, for loss of use, revenue or profit or for cost of capital or of substitute use or
performance or for indirect, liquidated, incidental or consequential damages or for any other loss
or cost of a similar type, or for claims by Purchaser for damages of Purchaser’s customers.
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