04385 Page 10 02/09/2016
REV E
LIM ITED WARRANTY AND LIM ITATION OF REMEDIES AND DISCLAIM ER. (1)Fountain Industries, LLC “Fountain” warrants the
Equipment to be free from defects in material and manufacture and to conform to specifications for the Equipment at the time of shipment. This
warranty is applicable only if the Equipment is installed, operated and maintained in accordance with factory recommendations and procedures,
including, but not limited to, the use of Fountain’s approved solutions or accessories. If any Equipment fails to conform to the specifications or
samples or any defect in material or manufacture appears within twelve (12) months from the date of initial purchase by end user Fountain’s entire
liability, and Customer's or end user’s exclusive remedy, shall be, to either repair or replace such defective Equipment, at Fountain’s option, within a
reasonable time after written notification thereof and return of the defective Equipment to Fountain.
(2) THIS WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY
IMPLIED WARRANTY ARISING OUT OF COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE EXCEPT
OF TITLE AND AGAINST PATENT INFRINGEMENT.
(3) LIMITATION OF LIABILITIES; TIME LIMIT FOR FILING ACTION. NEITHER PARTY SHALL UNDER ANY CIRCUMSTANCES BE
LIABLE TO EACH OTHER FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE OR BUSINESS)
RESULTING FROM OR IN ANY WAY RELATED TO THE EQUIPMENT, ANY OF CUSTOMER'S PURCHASE ORDERS, THESE TERMS
AND CONDITIONS OR THE TERMINATION OR NONRENEWAL THEREOF.
FOUNTAIN’S LIABILITY ON ANY CLAIM OF ANY KIND (INCLUDING NEGLIGENCE) FOR ANY LOSS OR DAMAGE ARISING OUT
OF OR RESULTING FROM THIS AGREEMENT, OR FROM THE PROFORMANCE OR BREACH THEREOF, OR FROM THE EQUIPMENT
FURNISHED HEREUNDER SHALL IN NO CASE EXCEED THE PRICE OF THE SPECIFIC EQUIPMENT WHICH GIVES RISE TO THE
CLAIM. ALL SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD AS STATED HEREIN.
These limitations apply regardless of whether such damages are sought based on breach of contract, negligence, strict liability in tort or any other
legal theory.
(4) Any action for breach of warranty or any other obligation under these Terms and Conditions must be commenced within one (1) year from the
purported date of breach.
(5) Each limitation on liability or remedy set forth in these Terms and Conditions is independent of any other limitation or if they are otherwise held
to be unenforceable, that shall not affect the validity of any other such limitation or remedy.
Fountain assumes no liability for any claims for injury or damages to persons or property arising from any chemical manufactured by Customers or
by any third party vendors for use in any Fountain’s equipment.
Terms or conditions contained in any Customer purchase order or similar document that in any manner purport to alter, modify, change, or suspend
these terms shall be deemed excluded from such purchase order and expressly waived by the Customer.
This limited warranty does not cover or include any consumable/wearable products, such as filters or brushes, associated with such equipment.
Fountain assumes no liability for any unauthorized modifications carried out to the equipment not strictly recommended by the factory procedures or
recommendations.
This limited warranty is not transferable, and does not cover any general equipment maintenance, demonstration, installation, routine servicing,
calibration or customization of any equipment.
No person is authorized to alter or extend this limited warranty unless made in writing and signed by an authorized officer of Fountain.
DOC#: 303-002 REV: G UPDATED: 2/1/16
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