HHD Series Heavy Duty Hydraulic Cylinders

59 Terms & Conditions Specifications and prices are subject to change without notice or incurring obligations. Tel: 352-373-3578; Fax 352-375-8024 • email: service@fabco-air.com 3. The terms of this limited warranty apply only to equipment manufactured by Seller and do not apply to components, parts or accessories purchased by Seller including but not limited to pumps, gear reducers, electrical controls, motors and other purchased items. These items will carry only the warranty issued by the original manufacturer, and Seller is not responsible for any warranty claims beyond that covered by the original equipment manufacturer. 4. This limited warranty shall be void and Seller shall not be liable for any reasons whatsoever if the Goods or parts covered by this quotation have been repaired or altered by persons other than Seller unless expressly authorized in writing by Seller or if the Goods are operated or installed contrary to Seller’s instructions or subjected to misuse, negligence or accident. 5. THE FOREGOING WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND ARE EXCLUDED FROM THIS AGREEMENT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. No agent, employee or representative of Seller other than an officer duly authorized in writing has any authority to bind Seller to any confirmation, representation or warranty concerning the Goods that are covered by this quotation beyond that specifically included in this quotation. 6. The cost of all non-warranty service will be charged by Seller at a per diem rate, per man, per work day, plus transportation and living expenses. *These disclaimers and exclusions shall apply even if the express warranty set forth above fails of its essential purpose. *Customer acknowledges and agrees that Seller has set its prices and entered into the Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties. LIMITATION OF LIABILITY 1. BUYER’S EXCLUSIVE AND SOLE REMEDY FOR ANY CLAIMS, ,ACTIONS OR SUITS ON ANY THEORY OF LIABILITY IN ANY WAY RELATING TO DEFECTIVE GOODS SHALL BE REPAIR OR REPLACEMENT OF DEFECTIVE GOODS as provided in the limited warranty stated herein. This EXCLUSIVE REMEDY shall not be deemed to have failed of its essential purpose so long as Seller is willing and able to repair or replace defective parts in the prescribed manner. However, if the Goods are incapable of being repaired or replaced, Buyer’s exclusive remedy shall be money damages, but such damages shall not exceed the purchase price of the defective Goods. Seller recommends that Buyer purchase mechanical break-down insurance as an additional protection to the limited warranty. 2. Any claims under Seller’s limited warranty must be in writing, addressed to Seller and must set forth the alleged defect in sufficient detail to permit its easy identification by Seller. Buyer’s failure to notify Seller as set forth above will be conclusively deemed Buyer’s waiver of its claim. 3. Seller’s liability on any claims, actions or suits of any kind whatsoever for any loss or damage in any way related to this quotation or from the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, installation, technical direction of installation, inspection, repair, operation or use of any Goods covered by or furnished under this quotation shall in no case (except as provided in the paragraph entitled Property and Patent Rights), exceed the purchase price allocable to the Goods and shall terminate one year after the Goods have been shipped. 4. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT OR WARRANTY OR ALLEGED NEGLIGENCE OR OTHERWISE, SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS BY REASON OF PLANT SHUTDOWN, INCREASED EXPENSE OF OPERATION, LOSS OF PRODUCT OR MATERIALS, LOSS OF USE OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS OR CLAIMS OF CUSTOMERS OF BUYER FOR SUCH DAMAGES OR ANYTHING DONE IN CONNECTION WITH THIS QUOTATION INCLUDING ANY MAINTENANCE OR INSTALLATION SERVICES) OR ANY OTHER LOSSES RESULTING FROM THE OPERATION OR NON-OPERATION OF THE GOODS UNDER ANY THEORY OF LIABILITY WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY OR OTHERWISE EVEN THOUGH SELLER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, SELLER’S LIABILITY WITH RESPECT TO THE GOODS SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PURCHASE PRICE THEREOF. 5. If Buyer or Buyer’s customers re-label, re-package, alter, or modify the Goods, then Seller shall be released from all obligations and liabilities to Buyer and Buyer shall defend, indemnify and hold Seller harmless from and against all claims, costs and liabilities arising out of or related to any product defect, including any resulting personal injury, property damage, and consequential damages. PRODUCT LIABILITY AND INDEMNIFICATION 1. Buyer shall use and shall require its employees to use all safety devices, guards and safe and proper operating procedures as set forth in the nameplates, signs, manuals and instruction sheets relating to the Goods furnished by Seller. Buyer shall not remove or modify any such device or guard or warning sign. Buyer shall not permit non-operating personnel to remain within ten (10) feet of any machine or accessory that is purchased pursuant to this quotation, while such machine or accessory is in operation. If Buyer fails to strictly observe each and every one of the obligations set forth in this paragraph with regard to any machine or accessory purchased pursuant to this quotation, Buyer agrees to defend, indemnify and hold Seller harmless to the fullest extent permitted by law from any and all liability or obligation incurred by Seller to persons injured directly or indirectly in connection with the operation of any such machine or accessory. 2. Buyer shall notify Seller promptly and in any event within thirty (30) days of any accident or malfunction involving any of the Goods which results in personal injury or damage to property and shall cooperate fully with Seller in investigating and determining the cause of such accident or malfunction. In the event that Buyer fails to give such notice to Seller and so cooperate, Buyer agrees to defend, indemnify and hold Seller harmless from any and all claims arising from such accident or malfunction. 3. Customer acknowledges and agrees that customer will indemnify and hold harmless Fabco-Air Inc. including their past, present and future parent, subsidiaries, domestic and foreign corporations, divisions, affiliates, partners, stockholders, predecessors, successors, assigns, officers, directors, employees, administrators, and agents from and against any and all losses, expenses, attorney fees, claims, suits, demands of whatever nature resulting from damages or injuries, including death, to any property or persons caused by or arising out of any action, omission or operation of any Fabco-Air Inc. manufactured product or service. 12-7-16