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III. LIMITED WARRANTY
This equipment is sold by Matheson Tri-Gas (Matheson) under the warranties set forth in
the following paragraphs. Such warranties are extended only with respect to the purchase
of this equipment directly from Matheson or Matheson's Authorized Agent as new
merchandise and are extended to the first Buyer thereof other for than the purpose of resale.
For a period of one year from date of original delivery (ninety days in corrosive service) to
Buyer or to Buyer's order, this equipment, is warranted tobe free from functional defects in
materials and workmanship and to conform to the description of this equipment contained
in this manual and any accompanying labels and/or inserts, provided that this equipment is
properly operated under the conditions of normal use and that regular and periodic
maintenance and service is performed or replacements are made in accordance with the
instructions provided. Expendable parts of this equipment are similarly warranted to be
free from functional defects in materials and workmanship and to conform to the
description of this equipment contained in this manual and any accompanying labels
and/or inserts. The foregoing warranties shall not apply if the equipment has been
repaired other than by Matheson or a service facility designated by Matheson, or if this
equipment has not been operated and maintained in accordance with written instructions
provided by Matheson, or has been altered by anyone other than Matheson, or if the
equipment has been subject to abuse, misuse, negligence or accident.
Matheson's sole and exclusive obligation and the Buyer's sole and exclusive remedy under
the above warranties is limited to repairing or replacing, free of charge, at Matheson's sole
discretion, the equipment or part which is telephonically reported to be a problem to the
local Matheson Branch Location, and which if so advised, is returned with a written
statement of the observed deficiency, not later than seven days after the expiration of the
applicable warranty, to the Matheson Gas Equipment Technology Center during normal
business hours, transportation charges prepaid, and which, upon examination, is found to
comply with the above warranties. The Buyer shall pay for return trip transportation
charges for the equipment or part.
Matheson shall not be otherwise liable for any damages including but not limited to
incidental damages, consequential damages, or special damages, whether such
damages result from negligence, breach of warranty or otherwise.
There are no express or implied warranties that extend beyond the warranties
hereinabove set forth. Matheson makes no warranty of merchantability or fitness
for a particular purpose with respect to the equipment or parts thereof.
Acceptance of the equipment by the final buyer indicates the final buyer’s acceptance
of all warranties and limitations set forth above.