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WARRANTY
EMC through its
Distributor warrants each new product sold by it to the initial user
to be free of defects in material and workmanship for a period of
one year from the date of sale of the equipment. FOB Santa Fe
Springs, CA
EMC will provide, as an exclusive
remedy, a new part or repaired part, at its election, in place of
any part that is found, upon inspection, to be defective in material
and workmanship during the period described above. Purchaser must
present proof of purchase (and purchase date) at the time of
exercising this warranty.
This warranty does not apply to
failures occurring as a result of incompatibility of fluid type to
material of construction, abuse, misuse, negligent repairs,
corrosion, normal wear and tear, and alteration or modifications
made to the product without express written consent of EMC or
failure to follow the recommended operating practices and
maintenance procedures as provided in the product's operating and
maintenance publications.
The warranty provided herein does not
apply to equipment sold hereunder but manufactured by others as they
are warranted by their respective manufacturers directly to the
user, such as electric motors and burners.
THIS WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, AND THERE ARE NO WARRANTIES OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
The remedies of the user set forth
under the provisions of warranty outlined above are exclusive and
total liability of EMC or its Distributor with respect to this sale
or the equipment and service furnished hereunder, in connection with
the performance or breach thereof, or from the sale, delivery
installation, or repair or technical direction covered by or
furnished under this sale, whether based on contract, warranty,
negligence, indemnity, strict liability or otherwise shall not
exceed the purchase price of the unit of equipment upon which such
liability is based.
EMC shall in no event be liable to
the user, any successor in interest or any beneficiary or assignee
relating to this sale for any consequential, incidental, indirect,
special or punitive damages arising out of this sale or any breach
thereof, or any defects in, or failure of, or malfunction of the
equipment whether based upon loss of use, lost profits or revenue,
interest, lost goodwill, work stoppage, impairment of other goods,
loss by reason of shutdown or non-operation, increased expenses of
operation, cost of purchase of replacement power or claims of user
or customers of the user for service interruption whether or not
such loss or damage is based on contract, warranty, negligence,
indemnity, strict liability or otherwise.
NOTE: Equipment Manufacturing
Corporation (EMC) makes no warranty concerning the applicability of
the Water Eater to evaporate any particular fluid. Final
determination of appropriateness of this equipment for any usage is
that of the customer.. |