Warranty

Price Book 3
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Effective April 4, 2106
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800.847.1864
Warranties-11
Warranties
11. LIMITATION OF LIABILITY. IN NO EVENT WILL
COMPANY BE LIABLE FOR INCIDENTAL, CONSE-
QUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES INCLUDING, BUT NOT LIMITED TO,
LOSS OF USE OF THE PRODUCTS, SERVICE
INTERRUPTION, LOSS OF PROFITS, LOSS OF
REVENUE, INTEREST, LOST GOODWILL,WORK
STOPPAGE, IMPAIRMENT OF OTHER GOODS,
LOSS BY REASON OF SHUTDOWN OR NON-OP-
ERATION, INCREASED EXPENSES OF OPERATION,
OR CLAIMS OF CUSTOMER’S CUSTOMERS,
WHETHER BASED ON CONTRACT, WARRANTY,
TORT (INCLUDING, BUT NOT LIMITED TO, STRICT
LIABILITY OR NEGLIGENCE), PATENT INFRINGE-
MENT, OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
12. STATUTE OF LIMITATIONS. NO ACTION
ARISING OUT OF ANY CLAIMED BREACH OF THIS
AGREEMENT BY COMPANY MAY BE BROUGHT
BY CUSTOMER MORE THAN ONE (1) YEAR AFTER
THE CAUSE OF ACTION HAS ARISEN.
13. CONSUMER PRODUCTS. With respect to
“consumer products” as dened under the Magnu-
son-Moss Warranty Act (“MMWA”), the following
statements are made. (a) Some states do not allow
limitations on how long an implied warranty lasts, so
the above limitation may not apply to you. IF ANY
IMPLIED WARRANTY IS PROVIDED UNDER THE
MMWA, IT IS LIMITED TO THE DURATION OF THE
WARRANTY PROVIDED IN SECTION 9 ABOVE. (b)
Some states do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. (c) This
warranty gives you specic legal rights and you may
also have other rights which vary from state to state.
14. FORCE MAJEURE. Any delay or failure of
Company to perform its obligations hereunder will
be excused to the extent that it is caused by an event
or occurrence beyond its control such as, by way of
example and not by way of limitation, acts of God,
actions by any governmental authority (whether valid
or invalid), governmental laws and regulations not
presently in effect, res, oods, windstorms, explosions,
riots, natural disasters, wars, sabotage, accidents,
labor problems (including, but not limited to, lockouts,
strikes, and slowdowns) at Company’s facility, its source
plant or their suppliers, inability to obtain power,
material, labor equipment, or transportation, or court
injunction or order. The delivery date will be extended
for a time equal to that of the delay and the schedule
for Company’s performance will be deemed adjusted in
the individual order(s) to that effect.
15. ENTIRE AGREEMENT AND AMENDMENT.
This Agreement, together with any attachments or
supplements specically referenced in this Agreement,
constitutes the entire agreement between the parties
hereto and supersedes all previous communications,
representations, or agreements, either oral or written,
between the parties hereto with resp ect to the subject
matter hereof. No agreement or understanding varying
or expanding this Agreement will be binding upon
either party hereto unless it is in writing and signed by
a duly authorized representative thereof.
16. TERMINATION. (a) This Agreement may be
terminated by either party by giving 30 days’ written
notice to the other party in the event of failure by such
other party to fulll any of its obligations hereunder.
However, if during the period of such notice, such
other party remedies such failure, this Agreement
will continue with the same force and effect as if such
notice had not been given. (b) This Agreement may
be terminated upon the written mutual consent of the
parties. (c) Either party may immediately terminate this
Agreement by giving written notice to the other party
in the event of the happening of any of the following or
any other comparable event: (i) insolvency of the other
party; (ii) ling of a petition in bankruptcy by or against
the other party; (iii) appointment of a receiver or trustee
for the other party; or (iv) execution of an assignment
for the benet of creditors by the other party, all of
which will allow Company to demand reclamation of all
affected orders. (d) Except as provided in this section
16, Customer may not terminate this Agreement,
in whole or in part, unless Company’s prior written
consent is obtained and Customer agrees to pay all of
Company’s cancellation charges. 17. GOVERNING
LAW; VENUE; AND EXPENSES. (a) This Agreement
and any disputes or controversies arising hereunder
will be governed by and construed according to the
internal laws of the State of Indiana, United States of
America, without regard to its conict of law principles,
and not including the United Nations Convention
on Contracts for the International Sale of Goods. (b)
Jurisdiction and venue with respect to any action,
proceeding, or suit in connection with this Agreement
will reside in the courts of the State of Indiana. (c)
Customer agrees to pay for all expenses (including
attorney’s fees) incurred by Company in enforcing the
obligations of Customer under this Agreement.
18. COMPLIANCE WITH LAWS, EXPORT
CONTROLS, CERTIFICATIONS, AND NUCLEAR
LIABILITY. (a) This Agreement is be subject to, and
Company and Customer will comply with, all laws and
export controls, regulations, rules, orders, licenses,
requirements, and governmental requests now or