Standard tErmS and ConditionS
QuinCy ComprESSor and ortman fluid powEr diviSionS
TITLE & LIEN RIGHTS: The equipment shall remain personal property, regardless of how affixed to
any realty or structure. Until the price (including any notes given therefore) of the equipment has
been fully paid in cash, Seller shall, in the event of Buyer’s default, have the right to repossess such
equipment.
PATENT INFRINGMENT: If properly notified and given an opportunity to do so with friendly
assistance, Seller will defend Buyer and the ultimate user of the equipment from any actual or alleged
infringement of any published United States patent by the equipment or any part thereof furnished
pursuant hereto (other than parts of special design, construction, or manufacture specified by and
originating with Buyer), and will pay all damages and costs awarded by competent court in any suit
thus defended or of which it may have had notice and opportunity to defend as aforesaid.
STANDARD WARRANTY: Seller warrants that products of its own manufacture will be free from
defects in workmanship and materials under normal use and service for the period specified in the
product instruction manual. Warranty for service parts will be ninety (90) days from date of factory
shipment. Electric Motors, gasoline and diesel engines, electrical apparatus and all other accessories,
components and parts not manufactured by Seller are warranted only to the extent of the original
manufacturer’s warranty.
Notice of the alleged defect must be given to the Seller, in writing with all identifying details including
serial number, type of equipment and date of purchase within thirty (30) days of the discovery of the
same during the warranty period.
Seller’s sole obligation on this warranty shall be, at its option, to repair or replace or refund the
purchase price of any product or part thereof which proves to be defective. If requested by Seller,
such product or part thereof must be promptly returned to seller, freight prepaid, for inspection.
Seller warrants repaired or replaced parts of its own manufacture against defects in materials and
workmanship under normal use and service for ninety (90) days or for the remainder of the warranty on
the product being repaired.
This warranty shall not apply and Seller shall not be responsible or liable for:
(a) Consequential, collateral or special losses or damages;
(b) Equipment conditions caused by fair wear and tear, abnormal conditions of use, accident,
neglect or misuse of equipment, improper storage or damage resulting during shipping;
(c) Deviation from operating instructions, specifications or other special terms of sale;
(d) Labor charges, loss or damage resulting from improper operation, maintenance or repairs
made by person(s) other than Seller or Seller’s authorized service station.
In no event shall Seller be liable for any claims whether arising from breach of contract or warranty or
claims of negligence or negligent manufacture in excess of the purchase price.
THIS WARRANTY IS THE SOLE WARRANTY OF SELLERS AND ANY OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED IN LAW OR IMPLIED IN FACT, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PARTICULAR USE ARE HEREBY SPECIFICALLY EXCLUDED.
LIABILITY LIMITATIONS: Under no circumstances shall the Seller have any liability for liquidated
damages or for collateral, consequential or special damages or for loss of profits, or for actual losses
or for loss of production or progress of construction, whether resulting from delays in delivery or
performance, breach of warranty, negligent manufacture or otherwise.
ENVIROMENTAL AND OSHA REQUIREMENTS: At the time of shipment of the equipment from the
factory, Quincy Compressor / Ortman Fluid Power will comply with the various Federal, State and
local laws and regulations concerning occupational health and safety and pollution. However, in the
installation and operation of the equipment and other matters over which the seller has no control,
the Seller assumes no responsibility for compliance with those laws and regulations, whether by the
way of indemnity, warranty or otherwise.
Quincy Compressor-QCS High Efficiency Emulsion Separators 33
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