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 Los Angeles, 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.
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 Company (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.