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Limited Warranty
Mills Iron Works warrants that the products covered by this contract will be free from any defects in material and workmanship for a period of 12 months from the date of installation or 18 months from the date of shipment, whichever period first expires. If, within that period, the Seller receives from the Buyer written notice of any alleged defect in or non-conformance of any product and if in the Seller's sole judgement the product does not conform or is found to be defective in material or workmanship, then, Buyer shall, at Seller's request, return the part or product F.O.B. to Seller's designated plant. Seller, at its option and expense, shall repair or replace the defective part or product, or repay to Buyer the full price paid for such part or product by Buyer. Any repayment of purchase price shall be without interest. Seller's sole responsibility and Buyer's exclusive remedy hereunder shall be limited to such repair, replacement or repayment of the purchase price as above provided. In case of a defective product or part thereof, not of Seller's manufacture, Seller's warranty liability shall exist only to the extent that Seller is able to recover from its supplier for the same defects.
There are no other warranties, express, statutory or implied, including those of merchantability and of fitness for purpose, nor any affirmation of fact or representation which extends beyond the description of the face hereof:
The warranties of Seller do not cover and Seller makes no warranty with respect to:
- failures not reported to Seller within the warranty period specified above.
- failures or damage due to misapplication, abuse, improper installation or abnormal conditions of temperature, dirt or corrosive matter.
- failures due to operation either intentional or otherwise, above rated capacities or in an otherwise improper manner.
- products which have been in any way tampered with or altered by anyone other than an authorized representative of Seller.
- products damaged in shipment or otherwise without fault of Seller.
- expenses incurred by Buyer in an attempt to repair or rework any alleged defective products.
- failure due to lack of compliance with recommended maintenance procedures, and
- products rebuilt, welded, heat-treated or subject to similar processes performed outside Seller's plants.
Seller shall have no reliability, whatsoever, for any consequential or incidental damages of any kind, buyer's sole remedy being expressly agreed to be limited to replacement or repayment for any allegedly defective or nonconforming part.
PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE
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