DeZURIK/SPX Process Equipment Guarantee and Limitation of
Liability
Guarantee
Products, auxiliaries and parts thereof, of SPX Process Equipment’ manufacture,
are guaranteed for a period of one year from date of shipment against defective
workmanship and material only, when properly installed, operated and serviced
in accordance with SPX Process Equipment’ recommendations. Replacement
for items of SPX Process Equipment’ manufacture will be made free of charge
if proved to be defective within such time. No claim for special or consequential
damages, transportation, or labor shall be allowed. Purchaser shall be solely
responsible for determining suitability for use and in no event shall SPX Process
Equipment be liable in this respect. Equipment or parts manufactured by others
but furnished by SPX Process Equipment will be repaired or replaced, only to
the extent provided in the original manufacturer’s warranty to SPX Process
Equipment. SPX Process Equipment does not guarantee resistance to corrosion,
erosion, abrasion or other sources of failure, nor does SPX Process Equipment
guarantee a minimum length of service. Failure of the purchaser to give prompt
written notice of any alleged defect under this guarantee forthwith upon
its discovery, or use and possession thereof after an attempt has been made
and
completed by someone other than SPX Process Equipment or an authorized representative
to remedy defects therein, or failure to return products or parts for replacement
as herein provided, of failure to install, operate and maintain said products
or parts according to instructions provided by SPX Process Equipment, of
failure to pay the entire contract price when due, shall be a waiver of all
rights under
these representations.
The foregoing guarantee shall be null and void, if, after shipment from our factory, the item is modified in any way or a component of another manufacturer, such as, but not limited to, an actuator is attached to the item by valves & controls other than an SPX Process Equipment Factory Service Personnel. All orders accepted shall be deemed accepted subject to this guarantee, which shall be exclusive of any other previous guarantee, and this shall be the only effective guarantee or warranty binding on SPX Process Equipment, anything to the contrary contained in the purchase order, or represented by any agent or employee of SPX Process Equipment, in writing or otherwise, notwithstanding, including but not limited to implied warranties.
THE FOREGOING OBLIGATIONS ARE IN LIEU OF
ALL OTHER OBLIGATIONS AND LIABILITIES INCLUDING WARRANTIES OF FITNESS OR
OF MERCHANTABILITY OR OTHERWISE, EXPRESSED
OR IMPLIED IN FACT OR BY LAW, AND STATE SPX PROCESS EQUIPMENT ENTIRE AND
EXCLUSIVE LIABILITY AND PURCHASER’S EXCLUSIVE REMEDY FOR ANY CLAIM IN
CONNECTION WITH THIS SALE OR FURNISHING OF SERVICES, GOODS, OR PARTS, THEIR
DESIGN, SUITABILITY
FOR USE, INSTALLATION OR OPERATION.
Limitation of Liability
In no event shall SPX Process Equipment be liable for any Direct, indirect,
Special or Consequential damages whatsoever, and SPX Process Equipment’ liability,
under no circumstances, will exceed the contract price for the goods and/or
services for which liability is claimed. Any action for breach of contract
must be commenced within 1 year after the cause of the action has occurred.
