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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