Cut Sheet

V7-A1-4 Volume 7—Logic Control, Operator Interface and Connectivity Solutions CA08100008E—February 2014 www.eaton.com
Appendix 1—Eaton Terms & Conditions
Effective Date: November 1, 2008
Extended Warranty for Products
If requested by the Buyer and
specifically accepted in
writing by Seller, the
foregoing standard warranty
for Products will be extended
from the date of shipment for
the period and price indicated
below:
●
24 months—2% of
Contract Price
●
30 months—3% of
Contract Price
●
36 months—4% of
Contract Price
Special Warranty (In and Out)
for Products
If requested by the Buyer
and specifically accepted in
writing by Seller, Seller will,
during the warranty period
for Products, at an additional
cost of 2% of the contract
price, be responsible for the
direct cost of:
1. Removing the Product
from the installed
location.
2. Transportation to the
repair facility and return
to the site.
3. Reinstallation on site.
The total liability of Seller for
this Special Warranty for
Products is limited to 50%
of the contract price of the
particular Product being
repaired and excludes
expenses for removing
adjacent apparatus, walls,
piping, structures, temporary
service, etc.
Warranty for Services
Seller warrants that the
Services performed by it
hereunder will be performed
in accordance with generally
accepted professional
standards.
The Services, which do not
so conform, shall be
corrected by Seller upon
notification in writing by the
Buyer within one (1) year
after completion of the
Services.
Unless otherwise agreed to in
writing by Seller, Seller
assumes no responsibility
with respect to the suitability
of the Buyer’s, or its
customer’s, equipment or
with respect to any latent
defects in equipment not
supplied by Seller. This
warranty does not cover
damage to Buyer’s, or its
customer’s, equipment,
components or parts
resulting in whole or in part
from improper maintenance
or operation or from their
deteriorated condition. Buyer
will, at its cost, provide Seller
with unobstructed access
to the defective Services,
as well as adequate free
working space in the
immediate vicinity of the
defective Services and such
facilities and systems,
including, without limitation,
docks, cranes and utility
disconnects and connects,
as may be necessary in order
that Seller may perform its
warranty obligations. The
conducting of any tests shall
be mutually agreed upon and
Seller shall be notified of, and
may be present at, all tests
that may be made.
Warranty for Power Systems
Studies
Seller warrants that any
power systems studies
performed by it will conform
to generally accepted
professional standards. Any
portion of the study, which
does not so conform, shall
be corrected by Seller upon
notification in writing by the
Buyer within six (6) months
after completion of the study.
All warranty work shall be
performed in a single shift
straight time basis Monday
through Friday. In the event
that the study requires
correction of warranty items
on an overtime schedule,
the premium portion of such
overtime shall be for the
Buyer’s account.
Limitation on Warranties for
Products, Services and Power
Systems Studies
THE FOREGOING
WARRANTIES ARE
EXCLUSIVE EXCEPT FOR
WARRANTY OF TITLE.
SELLER DISCLAIMS ALL
OTHER WARRANTIES
INCLUDING ANY IMPLIED
WARRANTIES OF
MERCHANTABILITY
AND FITNESS FOR A
PARTICULAR PURPOSE.
CORRECTION OF NON-
CONFORMITIES IN THE
MANNER AND FOR THE
PERIOD OF TIME PROVIDED
ABOVE SHALL CONSTITUTE
SELLER’S SOLE LIABILITY
AND BUYER’S EXCLUSIVE
REMEDY FOR FAILURE OF
SELLER TO MEET ITS
WARRANTY OBLIGATIONS,
WHETHER CLAIMS OF
THE BUYER ARE BASED
IN CONTRACT, IN TORT
(INCLUDING NEGLIGENCE
OR STRICT LIABILITY), OR
OTHERWISE.
As
bestos
Federal Law requires that
bui
lding or facility owners
identify the presence,
location and quantity of
asbestos containing material
(hereinafter “ACM”) at work
sites. Seller is not licensed to
abate ACM. Accordingly, for
any contract which includes
the provision of Services,
prior to (i) commencement of
work at any site under a
specific Purchase Order, (ii) a
change in the work scope of
any Purchase Order, the
Buyer will certify that the
work area associated with the
Seller’s scope of work
includes the handling of Class
II ACM, including but not
limited to generator wedges
and high temperature gaskets
which include asbestos
materials. The Buyer shall, at
its expense, conduct
abatement should the
removal, handling,
modification or reinstallation,
or some or all of them, of said
Class II ACM be likely to
generate airborne asbestos
fibers; and should such
abatement affect the cost
of or time of performance
of the work then Seller shall
be entitled to an equitable
adjustment in the schedule,
price and other pertinent
affected provisions of
the contract.
Compliance with Nuclear
Regulation
Seller’s Products are sold as
commercial grade Products
not intended for application in
facilities or activities licensed
by the United States Nuclear
Regulatory Commission for
atomic purposes. Further
certification will be required
for use of the Products in any
safety-related application in
any nuclear facility licensed
by the U.S. Nuclear
Regulatory Commission.