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Potter EVD-2 - Warranty Information

Potter EVD-2
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2
EVD-2 • 5401042 • REV L • 03/05
Potter Electric Signal Company
2081 Craig Road • P.O. Box 28480 • St. Louis, MO 63146-4161
(314) 878-4321 • (800) 325-3936
www.pottersignal.com
WARRANTY INFORMATION
The essential purpose of any sale or contract for sale of any of the products listed
in the POTTER catalog or price list is the furnishing of that product. It is expressly
understood that in furnishing said product, POTTER does not agree to insure the
Purchaser against any losses the Purchaser may incur, even if resulting from the
malfunction of said product.
POTTER warrants that the equipment herein shall conform to said descriptions as to
all affirmations of fact and shall be free from defects of manufacture, labeling and
packaging for a period of one (1) year* from the invoice date to the original
purchaser, provided that representative samples are returned to POTTER for
inspection. Upon a determination by POTTER that a product is not as warranted,
POTTER shall, at its exclusive option, replace or repair said defective product or
parts thereof at its own expense except that Purchaser shall pay all shipping,
insurance and similar charges incurred in connection with the replacement of the
defective product or parts thereof. This Warranty is void in the case of abuse,
misuse, abnormal usage, faulty installation or repair by unauthorized persons, or if
for any other reason POTTER determines that said product is not operating properly
as a result of causes other than defective manufacture, labeling or packaging.
THE AFORESAID WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY OTHER
WARRANTIES, EXPRESSED OR IMPLIED, IT BEING UNDERSTOOD THAT ALL SUCH
OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE ARE HEREBY
EXPRESSLY EXCLUDED. IN NO EVENT SHALL POTTER BE LIABLE TO PURCHASER
FOR ANY DIRECT, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN
CONNECTION WITH PURCHASER’S USE OF ANY OF THE PRODUCTS LISTED
HEREIN, OR FOR ANY OTHER CAUSE WHATSOEVER RELATING TO THE SAID
PRODUCTS. NEITHER POTTER NOR ITS REPRESENTATIVES SHALL BE LIABLE TO
THE PURCHASER OR ANYONE ELSE FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE
OR EXPENSE OF ANY KIND, OR DIRECT COLLATERAL, INCIDENTAL OR CONSE-
QUENTIAL DAMAGES RELATIVE TO OR ARISING FROM OR CAUSED DIRECTLY OR
INDIRECTLY BY SAID PRODUCTS OR THE USE THEREOF OR ANY DEFICIENCY,
DEFECT OR INADEQUACY OF THE SAID PRODUCTS. IT IS EXPRESSLY AGREED
THAT PURCHASER’S EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION RELATING
TO THE PURCHASE AND/OR USE OF ANY OF THE PRODUCTS LISTED HEREIN
FROM POTTER SHALL BE FOR DAMAGES, AND POTTER'S LIABILITY FOR ANY
AND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER,
INCLUDING NEGLIGENCE, OR OTHER FAULT, SHALL IN NO EVENT EXCEED THE
PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM IS MADE,
OR AT THE ELECTION OF POTTER, THE RESTORATION OR REPLACEMENT OR
REPAIR OF SUCH PRODUCT.
*All products identified by the symbol E carry the warranty for 5 years from invoice
date.

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