Seller warrants equipment and parts manufactured by it and supplied thereunder to be free from defects in materials and workmanship for a period of one year after shipment, self regulating heating cables are to be free from defects in materials and workmanship for a period of two years after shipment. If, within such period, any such equipment or parts shall be proved to Seller’s satisfaction to be defective, such equipment or parts shall, at Seller’s option, be repaired or replaced by Seller, for installation at Buyer’s expense. Seller’s obligation hereunder shall be limited to such repair and replacement, F.O.B. its factory, and shall be conditioned upon Seller’s receiving written notice of any alleged defect within ten (10) days after its discovery and at Seller’s option, return of such equipment or parts prepaid to its factory.
This warranty shall not apply to equipment or parts not manufactured by Seller or to equipment or parts which shall have been repaired or altered by others than Seller so as, in its judgment, adversely to affect the same, or which shall be subject to negligence, accident, damage by circumstances beyond Seller’s control, or improper operation, maintenance or storage, or to other than normal use or service or to parts whose normal span of life might be shorter than the overall warranty period. With respect to equipment and parts not manufactured by Seller, the warranty extended to Seller by the supplier.
Seller further warrants that all services performed for the Buyer hereunder will be performed in a good and skillful manner. The Seller’s sole responsibility and liability in the event of any defect, error, omission, or failure in the Seller’s services rendered hereunder shall be to provide corrected services of the type provided for herein, designed to correct such defect, error omissions, or failure, and in no event shall the Seller’s liability with respect to such warranty exceed the amount received by it from the Buyer on account of such services.
