Seller warrants to the original purchaser that the Equipment provided under the Contract shall be free from defects in material or workmanship for a period of one (1) year, measured from the date of shipment. The foregoing warranty will become void, and Seller will have no obligation whatsoever under this warranty, with respect to any of the following: Equipment that is (i) not used or maintained in a normal and proper manner, in accordance with all manuals and instructions; (ii) Equipment that is modified, altered or repaired without the prior written approval of Seller; (iii) Buyer fails to make any payments when due under Section 4 or otherwise in the Contract or (iv) Equipment that is that is assigned, sold or transferred to an entity other than the Buyer unless Buyer is a financing entity, lessor or dealer and has notified Seller in advance at time of order that Buyer will not be the end-user of the Equipment. Seller will repair or replace at its option components which upon inspection it finds to be defective, based on claims made in writing to Seller within a reasonable time after discovery and within the warranty period. Components alleged to be defective must be returned to Seller for repair or replacement, freight prepaid, within thirty (30) days of Buyer’s receipt of the return authorization number, obtained from Seller, which must be clearly marked on the outside of the return container.
Replacement components may be shipped from Seller upon Buyer’s request and receipt of a valid purchase order number so the validity of the Warranty can be determined. Unless otherwise specified, replacement components shall be Delivered to Buyer “EXW (EX Works) Seller’s factory or designated location” (Incoterms 2010). Any labor or equipment rental costs incurred in the dismantling and reassembly of the Equipment shall be at Buyer’s sole expense. This warranty excludes equipment, materials and components furnished by the Seller but manufactured by another party, which may be incorporated in the Equipment, line or system sold under the Contract. Such components and equipment shall bear no warranties other than the warranties extended by and enforceable against the manufacturer thereof at the time of Delivery to Buyer (which warranties Seller will furnish on Buyer’s written request), for the period stated in that warranty. If the Equipment (machinery, controls or tooling) provided under the Contract is or includes re-built machinery, the warranty does not extend to, include or cover any used machined parts, fabrications or components whether supplied or provided by Buyer or otherwise that are not replaced by Seller as part of the re-building process. Notwithstanding the foregoing, to the extent the Equipment or component is deemed by Seller, or in the case of a component, the manufacturer of the component, to be obsolete, such Equipment or component shall bear no warranty.
THE WARRANTY STATED HEREIN IS PERSONAL TO BUYER AND SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EQUIPMENT FURNISHED HEREUNDER AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE WARRANTY SHALL CONSTITUTE BUYER’S EXCLUSIVE REMEDY WITH RESPECT TO THE EQUIPMENT FURNISHED HEREUNDER.
If Buyer removes or permits anyone to remove any safety equipment or warning signs, placards and/or labels or fails to observe any condition in this section, or if any injury or damage is caused, in whole or in part, by the end-user’s failure to comply with applicable federal, state or local safety requirements or Seller’s instructions as set forth in Formtek’s LAWS/SAFETY STANDARDS, Seller shall have no obligation to Buyer, and Buyer shall indemnify and hold Seller harmless against any claims, loss or expense for injury or damage arising from the improper use of the Equipment. Seller specifically disclaims any and all liability arising out of the operating of the Equipment other than the warranty liabilities to the original Buyer.
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4899 Commerce Parkway
Cleveland, OH 44128 USA
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