Limited Warranty: Greenville Transformer Company, Inc. Warrants to Buyer, that the goods delivered hereunder will be free from defects in material or workmanship when used and installed in accordance with Greenville Transformer Company, Inc.’s applicable operating instructions. This warranty shall apply only to defects appearing within one (1) year from the date of installation, but in no event exceeding eighteen (18) months from date of shipment. The furnishing of warranty services hereunder shall not extend the warranty period on the equipment furnished hereunder.
Greenville Transformer Company, Inc. shall in complete fulfillment of its liabilities under this warranty and if given prompt notice by Buyer, correct, by repair or replacement at Greenville Transformer Company, Inc.’s option, at its factory, any defect which shall appear under proper and normal use of its equipment within one (1) year after date of installation, but not exceeding eighteen (18) months from date of shipment. Unless otherwise agreed to in the contract with Buyer, Greenville Transformer Company, Inc. shall not be liable for costs of equipment removal, costs of transporting equipment to the factory for repair, transportation costs back to the site and reinstalling equipment.
The liability of Greenville Transformer Company, Inc. Under this warranty; or for any loss or damage to the equipment, whether the claim is based in contract, in tort (including negligence and strict liability), or otherwise, shall not exceed the cost of correcting defects in the equipment as herein provided, and upon the expiration of the warranty period, all of Greenville Transformer Company, Inc.’s liability shall terminate. The foregoing shall constitute the exclusive remedy of Buyer and the exclusive liability of Greenville Transformer Company, Inc. Except as may be noted below.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESSED OR IMPLIED, OR STATUTORY. GREENVILLE TRANSFORMER COMPANY, INC. EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, SELLER DOES NOT WARRANT ANY EQUIPMENT OF OTHER MANUFACTURERS DESIGNATED BY BUYER.
IN NO EVENT SHALL GREENVILLE TRANSFORMER COMPANY, INC. BE LIABLE, FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY) AND INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE OF EQUIPMENT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS, IN AND OUT COSTS, OR CLAIMS OF CUSTOMERS OF BUYER FOR SUCH DAMAGES. ANY ACTION AGAINST SELLER UNDER THIS CONTRACT MUST BE COMMENCED WITHIN ONE (1) YEAR OF ACCRUAL OF THE CAUSE OF ACTION.
Governing Law: All matters relating to the interpretation and effect of this warranty and any authorized changes, modifications or amendments thereto shall be governed by the laws of the State of Texas.
Greenville, Texas March 1, 2006 -SUPERSEDES ALL PREVIOUS WARRANTIES-