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Griswold 811 - Disclaimer of Other Warranties; Liability Limitations

Griswold 811
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Installation, Operation and Maintenance Manual
Griswold Model 811 ANSI Process Pump
Page 3
THIS WARRANTY IS THE SOLE WARRANTY OF SELLER AND SELLER HEREBY EXPRESSLY
DISCLAIMS AND BUYER WAIVES ALL OTHER WARRANTIES EXPRESSED, IMPLIED IN LAW
OR IMPLIED IN FACT, INCLUDING ANY WARRANTIES OR MERCHANT ABILITY OR FITNESS
OF A PARTICULAR PURPOSE. Seller’s sole obligation under this warranty shall be, at its option,
to repair or replace any equipment (or its components parts) which has a defect covered by this
warranty, or to refund the purchase price of such equipment or part under the terms of this warranty,
Seller shall not be liable for (a) consequential, collateral, special or liquidated losses or damage; (b)
equipment conditions caused by normal wear and tear, abnormal conditions of use, accident, neglect,
or misuse of said equipment; (c) the expense of, and loss or damage caused by, repairs or alterations
made by anyone other than the Seller; (d) damage caused by abrasive materials, chemicals, scale
deposits, corrosion, lightning, improper voltage, mishandling, or other similar conditions; (e) any
loss, damage, or expense relating to or resulting from installation, removal or reinstallation of
equipment; (f) any labor costs or charges incurred in repairing or replacing defective equipment
parts, including the cost of reinstalling parts that are repaired or replaced by Seller; (g) any expense
of shipment of equipment or repaired or replacement parts; or (h) any other loss, damage or expense
of any nature.
CONDITION OF WARRANTY WORK: If Buyer is in default (including, but not limited to, the
failure of Buyer to maintain a current account with Seller) under the Order or any other agreement
between Buyer and Seller, Buyer’s rights under the warranty shall be suspended and the original
warranty period will not be extended.
PERFORMANCE: Equipment performance is not warranted or guaranteed unless separately
agreed to by Seller in accordance with its guarantee policy. Performance curves and other
information submitted to Buyer are approximate and no warranty or guarantee shall be deemed to
arise as a result of such submittal. All testing shall be done in accordance with Seller’s standard
policy.
LIABILITY LIMITATIONS: Under no circumstances shall the Seller have the liability under the
Order or otherwise for liquidated damages or for collateral, consequential or special damages or for
loss of profits, or for actual losses of production or progress of construction, regardless of the cause
of such damage or losses. In any event, Seller’s aggregate total liability under the Order or
otherwise shall not exceed the contract price. Buyer agrees to indemnify and hold harmless Seller
from all claims by third party in excess of these limitations.
COMPLIANCE WITH LAW: Since the compliance with the various Federal, State, and Local laws
and regulations concerning occupational health and safety and pollution are affected by the use,
installation and operation of the equipment and other matters over which Seller has no control.
Seller assumes no responsibility for compliance with those laws and regulations, whether by way of
indemnity, warranty, or otherwise.