the correction of defects shall be performed by the Buyer at the Buyer’s expense.
The condition of any tests shall be mutually agreed upon and GE shall be notified of
and may be represented at all tests that may be made.
GE does not warrant Products or any repaired or replacement parts against
normal wear and tear, including that due to environment or operation, including
excessive operation at peak capability, frequent starting, type of fuel, detrimental air
inlet conditions, or erosion, corrosion or material deposits from fluids, or which have
been involved in an accident. The warranties and remedies set forth herein are
further conditioned upon:
• Proper storage, installation, operation and maintenance of the Buyer’s
equipment and conformance with the instruction manuals (including revisions
thereto) provided by GE and/or its subcontractors, as applicable.
• Repair or modification pursuant to GE’s instructions or approval.
The Buyer shall keep proper records of operation and maintenance during the
applicable Warranty Period. These records shall be kept in the form of log sheets
and copies shall be submitted to GE upon its request in connection with a warranty
claim by the Buyer. GE does not warrant any products or services of others
designated by the Buyer where such products or services are not normally supplied
by GE.
The preceding paragraphs set forth the exclusive remedies for all claims based
on failure of or defect in Products covered by this manual, whether the failure or
defect arises before or during the applicable Warranty Period and whether a claim,
however instituted, is based on contract, indemnity, warranty, tort (including
negligence) or civil liability, strict liability or otherwise. The foregoing warranties are
exclusive and are in lieu of all other warranties and guarantees whether written, oral,
implied or statutory. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY.
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