vii
Installation and Operations Guide
Any claim by Buyer with reference to the Goods sold hereunder shall be deemed
waived by the Buyer unless submitted in writing to seller within the earlier of (i)
thirty (30) days following the date Buyer discovered or by reasonable inspection
should have discovered, any claimed breach of foregoing warranty, or (ii) 12
months following the date of shipment. Any cause of action for breach of the
foregoing warranty shall be brought within one year from the date the alleged
breach was discovered or should have been discovered, whichever occurs rst.
Seller’s liability (whether under the theories of breach of contract or warranty,
negligence, or strict liability) for its Goods shall be limited to repairing or
replacing Goods found by Seller to be defective, or at Seller’s option, to
refunding the purchase price of such Goods or parts thereof.
In no event shall seller be liable for consequential damages arising out of or
in connection with this agreement, including without limitation, breach of any
obligation imposed on seller hereunder. Consequential damages shall include
without limitation, loss of use, income or prot, or loss sustained as the result of
injury (including death) to any person, or loss of or damage to property (including
without limitation property handled or processed by the use of the goods).
Buyer shall indemnify seller against all liability, cost or expense which may be
sustained by seller on account of any such loss, damage, or injury.
Upon buyer’s receipt of shipment, Buyer shall immediately inspect the Goods.
Unless Buyer provides Seller with written notice of any claim for shortage,
overcharge, or damage of Goods within ten (10) days from invoice date, such
Goods shall be deemed nally inspected, checked and accepted by Buyer and
no allowances shall be made thereafter. In absence of shipping and packaging
instructions, Seller shall use its own discretion in the choice of carrier and
method of packing. Seller shall not be responsible for insuring shipments unless
specically requested by Buyer and any insurance or special packaging so
requested shall be at Buyer’s expense and valuation.
Title to any Goods sold and risk of loss of such Goods passes to Buyer upon
delivery by Seller to carrier and any claims for losses or damages shall be made
by Buyer directly with carrier.
A. In addition to the rights and remedies conferred upon Seller by law, Seller
shall not be required to proceed with the performance of any order or
contract if the Buyer is in default in the performance of any order or contract
with Seller, and in case of doubt as to Buyer’s nancial responsibility,
shipments under this order may be suspended.
B. No delay or omission by Seller in exercising any right or remedy provided
for herein shall constitute a waiver of such right or remedy and shall not be
constituted as a bar to or a waiver of any such right or remedy on any future
occasion.
C. The sale of Goods shall be governed by the laws of the State of Nevada.
Seller agrees to comply with all applicable laws of the United States.
The invalidity or unenforceability of any one or more phrases, sentences, or
sections shall not affect the validity or enforceability of the remaining portions of
this Agreement.
Limitation of
liability
Disclaimer of
consequential
damages
Acceptance and
transportation
Title and
risk of loss
General
conditions
Severability
