Warranty & Limitation Of Liability; Warranty; Limitation Of Liability - Ingersoll-Rand CENTAC C1000 Betriebsanleitung

11912.10.40
4 C1000 OPERATION MANUAL
Warranty & Limitation of Liability

Warranty

The Seller warrants that the Equipment manufactured by it and delivered hereunder will be free of defects in material and
workmanship for a period of twelve months from the date of placing the Equipment in operation or eighteen months
from the date of shipment, whichever shall first occur. The Buyer shall be obligated to promptly report any failure to
conform to this warranty, in writing to the Seller within said period, whereupon the Seller shall, at its option, correct such
nonconformity, by suitable repair to such Equipment or, furnish a replacement part F.O.B. Jobsite, provided the Buyer has
stored, installed, maintained and operated such Equipment in accordance with good industry practices and has complied
with specific recommendations of the Seller. The Seller reserves the right to take possession of or direct Buyer to return any
replaced parts, which shall become Seller's property. Accessories or equipment furnished by the Seller, but manufactured
by others, shall carry whatever warranty the manufacturers have conveyed to the Seller and which can be passed on to
the Buyer. This warranty shall not apply to any component which Buyer directs Seller to use in or add to the Equipment,
and which would not otherwise be used or added by the Seller. The Seller shall not be liable for any repairs, replacements,
or adjustments to the Equipment or any costs of labor performed by the Buyer or others without the Seller's prior written
approval.
The effects of corrosion, erosion and normal wear and tear are specifically excluded. Performance warranties are limited
to those specifically stated within the Seller's proposal. Unless responsibility for meeting such performance warranties
are limited to specified tests, the Seller's obligation shall be to correct in the manner and for the period of time provided
above.
THE SELLER MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED,
EXCEPT THAT OF TITLE, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ARE HEREBY DISCLAIMED.
Correction by the Seller of nonconformities whether patent or latent, in the manner and for the period of time provided
above, shall constitute fulfillment of all liabilities of the Seller for such nonconformities, whether based on contract,
warranty, negligence, indemnity, strict liability or otherwise with respect to or arising out of such Equipment.
The Buyer shall not operate Equipment which is considered to be defective, without first notifying the Seller in writing of
its intention to do so. Any such use of Equipment will be at the Buyer's sole risk and liability.

Limitation of Liability

THE REMEDIES OF THE BUYER SET FORTH HEREIN ARE EXCLUSIVE, AND THE TOTAL LIABILITY OF THE SELLER WITH
RESPECT TO THIS CONTRACT, 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.
THE SELLER AND ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE TO THE BUYER, ANY SUCCESSORS IN INTEREST OR
ANY BENEFICIARY OR ASSIGNEE OF THIS CONTRACT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR
PUNITIVE DAMAGES ARISING OUT OF THIS CONTRACT OR ANY BREACH THEREOF, OR ANY DEFECT IN, OR FAILURE OF,
OR MALFUNCTION OF THE EQUIPMENT HEREUNDER, 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
BUYER OR CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON
CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.
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