Warranty
Page 26
7. (a.) IEC WARRANTS FOR A PERIOD OF EIGHTEEN (18) MONTHS FROM
THE DATE OF SHIPMENT OR TWELVE (12) MONTHS FROM DATE OF
START UP (WHICHEVER OCCURS FIRST), THAT THE GOODS SOLD
SHALL BE FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP,
EXCEPT THAT IEC MAKES NO GUARANTEE AGAINST CORROSION OR
ABRASION OF ANY GOODS AND MAKES NO GUARANTEE
WHATSOEVER FOR DAMAGES IN ANY WAY RELATING TO MOLD,
FUNGUS OR BACTERIA, OR ANY GOODS MANUFACTURED OR
SUPPLIED BY OTHERS. IEC MAKES NO OTHER EXPRESS WARRANTY,
AND NO AFFIRMATION BY IEC OR ITS REPRESENTATIVES, BY WORD
ORACTION, SHALL CONSTITUTE AWARRANTY.
(b.) IEC MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE.
(c.) IN THE EVENT OF A BREACH OF THE ABOVE WARRANTY OR
NEGLIGENCE ON THE PART OF IEC, IEC SHALL ONLY BE OBLIGATED TO
EITHER REPAIR OR REPLACE, AT IEC'S OPTION, THE GOODS, AND THE
AFORESAID OBLIGATION OF IEC TO REPAIR OR REPLACE THE GOODS
IS THE PURCHASER'S EXCLUSIVE REMEDY. IEC SHALL NOT, IN ANY
MANNER WHATSOEVER, BE LIABLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR EXPENSES FOR
BREACH OF WARRANTY, OR FOR NEGLIGENCE ON THE PART OF IEC.
(d.) ALL PARTS SHALL BE RETURNED TO IEC'S FACTORY IN
OKLAHOMA CITY, OKLAHOMA, OR OTHER AUTHORIZED SERVICE
STATION DESIGNATED BY IEC, FREIGHT PREPAID IF IEC DETERMINES
THE PART TO BE DEFECTIVE AND WITHIN IEC'S WARRANTY. IEC
SHALL, WHEN SUCH PART HAS BEEN EITHER REPLACED OR
REPAIRED, RETURN TO PURCHASER, F.O.B. IEC'S FACTORY IN
OKLAHOMACITY, OK.
(e.) THIS WARRANTY SHALL BE VOID FOR ANY GOODS WHICH (1)
HAVE BEEN REPAIRED OR ALTERED OUTSIDE IEC'S FACTORY IN ANY
MANNER WITHOUT IEC'S WRITTEN AUTHORIZATION; OR (2) HAVE
BEEN SUBJECT TO MISUSE, NEGLIGENCE OR ACCIDENTS; OR (3)
HAVE BEEN OPERATED IN A MANNER CONTRARY TO IEC'S PRINTED
INSTRUCTIONS: OR (4) HAVE NOT BEEN PAID FOR WITHIN PAYMENT
TERMS GRANTED BY IEC.
8. IEC SHALL HAVE NO SYSTEM DESIGN, APPLICATION OR
MAINTENANCE RESPONSIBILITY OR RESPONSIBILITY FOR MOLD,
FUNGUS OR BACTERIATO PURCHASER ORANY OTHER THIRD PARTY.
Warranty
Page 27
9. ALL SALES, USE, EXCISE, TRANSPORTATION, PRIVILEGE,
OCCUPATIONAL CONSUMPTION, STORAGE, OR OTHER TAXES WHICH
MAY BE LEVIED BY ANY TAXING AUTHORITY AS A RESULT OF THIS
TRANSACTION SHALL BE PAID BY THE PURCHASER.
10. UNLESS OTHERWISE AGREED TO IN WRITING BY IEC, ANY TECHNICAL
DATA, FURNISHED IN CONJUNCTION WITH THIS ORDER AND NOT
OBTAINABLE FROM ANOTHER SOURCE SHALL NOT BE DUPLICATED,
USED, OR DISCLOSED IN WHOLE OR IN PART FOR ANY PURPOSE
OTHER THAN TO EVALUATE THIS ORDER.
11. IEC SHALL HAVE NO LIABILITY OR OTHER OBLIGATION HEREUNDER, IF
ITS PERFORMANCE IS DELAYED OR PREVENTED TO ANY EXTENT BY
ANY EVENT SUCH AS, BUT NOT LIMITED TO, ANY ACT OF GOD, STRIKE
OR WORK STOPPAGE, FIRE, FLOOD, ACCIDENT, ALLOCATION, OR
OTHER CONTROLS OF GOVERNMENT AUTHORITIES, SHORTAGE OF
TRANSPORTATION, FUEL, MATERIAL AND LABOR, OR ANY OTHER
CAUSE BEYOND IEC'S REASONABLE CONTROL. ANY SHIPPING DATE
STATED BY IEC IS IEC'S BEST ESTIMATE, BUT IEC MAKES NO
GUARANTEE OF SHIPMENT BY ANY SUCH DATE AND SHALL HAVE NO
LIABILITY OR OTHER OBLIGATION FOR FAILURE TO SHIP ON SUCH
DATE, REGARDLESS OF CAUSE.
12. PAYMENT TERMS ARE NET THIRTY (30) DAYS FROM DATE OF INVOICE
ON APPROVED CREDIT. ONE AND ONE-HALF PERCENT (1 1/2%) PER
MONTH (18% ANNUAL RATE) MAY BE CHARGED ON PAST DUE
ACCOUNTS WHERE PERMITTED BY APPLICABLE LAW. IN THE EVENT
ACCOUNT MUST BE PLACED FOR COLLECTION, PURCHASER SHALL
BE RESPONSIBLE FOR ALL REASONABLE ATTORNEYS FEES AND
COSTS INCURRED BY IEC IN SECURING PAYMENT.
13. PURCHASER SHALL NOT CANCEL THE CONTRACT WITHOUT PRIOR
WRITTEN CONSENT OF IEC. IN THE EVENT PURCHASER CANCELS
THE CONTRACT WITH THE PRIOR WRITTEN CONSENT OF IEC AFTER
THE PURCHASER'S OFFER TO PURCHASE IS RECEIVED AND
ACKNOWLEDGED IN WRITING, IEC SHALL BE ENTITLED TO RECEIVE
FROM PURCHASER, IEC'S COST PLUS A REASONABLE ALLOWANCE
FOR OVERHEADAND PROFIT.
14. PURCHASER SHALL NOT ASSIGN ANY OF ITS INTEREST RIGHTS
UNDER THISAGREEMENT WITHOUT WRITTEN CONSENT OF IEC.
15. IEC WILL NOT FURNISH LIEN WAIVERS OR RELEASES UNTIL IEC
RECEIVES PAYMENT, IN FULL, AT ITS OFFICE IN OKLAHOMA CITY,
OKLAHOMA, FROM PURCHASER FOR THE GOODS COVERED BY THIS
ORDER. PARTIALLIEN RELEASES WILL BE PROVIDED IF REQUESTED.
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