Use and Care Manual

40402 & 40403 Assembly Instructions
Page 18
Disclaimer of Warranties. S & H Industries, Inc. ("Seller") makes no warranties with respect to any
goods delivered to Buyer or users except as specifically set forth within this manual. S & H
INDUSTRIES, INC. MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE GOODS, AND S & H
INDUSTRIES, INC. EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AGAINST
INFRINGEMENT. S & H INDUSTRIES, INC. WARRANTIES SHALL NOT APPLY TO ANY DAMAGE
OR NON-CONFORMITY RESULTING FROM THE NEGLIGENT OF IMPROPER ASSEMBLY OR
USE OF ANY GOODS BY USERS OR BUYER OR ITS EMPLOYEES OR AGENTS, OR FROM
ALTERATION OR ATTEMPTED REPAIR BY ANY PERSON OTHER THAN S & H INDUSTRIES,
INC. ALL USED, REPAIRED, MODIFIED OR ALTERED ITEMS ARE PURCHASED AS-IS AND
WITH ALL FAULTS.
Indemnification Agreement. Buyer agrees, to the fullest extent permitted by the law, to fully
indemnify, hold harmless, and defend Seller, its parent, subsidiary, and affiliated companies, its
owners, officers, directors, employees, agents, representatives and insurers (collectively,
“Indemnities”) from and against any and all claims, demands, suits, damages, judgments of sums of
money, losses and expenses, including but limited to attorney’s fees and costs (collectively “referred
to herein as “Claims”) arising out of or resulting from any bodily injury, sickness, disease or death or
injury to or destruction of tangible property, arising out of or resulting from the use, sale or distribution
of any and all products purchased from Seller by Buyer, regardless of whether or not such claim
arises in whole or in part out of Seller’s alleged fault, including but not limited to Seller’s negligence,
strict liability, products liability, breach of warranty or any other act or omission. Buyer expressly
waives any and all immunity from suit by Seller, its parent, subsidiary, and affiliated companies, and
its owners, officers, directors, employees, agents, representatives and insurers, by operation of any
workers’ compensation law or statute. By purchasing from S & H Industries, Inc., Buyer
acknowledges and represents that Buyer has read, fully understands and agrees to the
Indemnification provisions set forth above.
LIMITED WARRANTY
S & H Industries Inc. (SHI) warrants this product to be free from defects in materials or
workmanship for two years after the date of original purchase.
If the product should become defective within that warranty period, SHI will repair or replace it
(at SHI’S option) free of charge including return transportation to Buyer provided Buyer
delivers it prepaid to S & H Industries Inc., 5200 Richmond Road, Bedford Hts., Ohio 44146.
This warranty does not include damage resulting from accident, abuse or misuse of the
product. Nor does it apply to parts subject to abrasive wear, i.e., nozzles, air jets, seal blocks,
valves, hose connections and hoses.
Implied warranties including those of merchantability and fitness for a particular purpose are
excluded to the extent permitted by law, and any and all implied warranties are excluded. This
is the exclusive remedy and liability for consequential damages under any and all warranties
are excluded to the extent exclusion is permitted by law.