
CFH -4000 Series Heater Manual
Rev. 01/2013 Page | 5
13. EXCUSABLE DELAYS: Seller shall have no liability if its performance is elaye or prevente by causes beyon its reasonable control,
inclu ing, without limitation, acts of nature, labor isputes, government priorities, transportation elays, insolvency or other inability to
perform by any Ven or, or any other commercial impracticability. In the event of any such elay, the ate of elivery or performance shall
be exten e for a perio equal to the time lost by reason of elay. If Goo s are hel or store beyon the elivery ate for the convenience
of Buyer, such Goo s shall be so store at the risk an expense of Buyer.
14. CLAIMS: Claims for any nonconforming Goo s must be ma e by Buyer, in writing, within ten (10) ays of Buyer’s receipt of such Goo s
an must state with particularity all material facts concerning the claim then known to Buyer. Failure by Buyer to give notice within such ten
(10) ay perio shall constitute an unqualifie acceptance of such Goo s by Buyer, an a waiver of any right to reject or revoke acceptance
of such Goo s.
15. WARRANTIES:
(a) SELLER’S WARRANTIES: Seller warrants that all Goo s sol shall mechanically operate as specifie an shall be free from faults in
respect to materials an workmanship for a perio of: (i) for parts, twelve (12) months from the ate of invoice, an (ii) for systems, twelve
(12) months from start-up, or, if earlier, eighteen (18) months from the ate of the bill of la ing. Seller also warrants that the Goo s shall,
upon payment in full by Buyer for the Goo s, be free an clear of any security interests or liens. Buyer’s exclusive reme y for breach of such
warranties shall be limite to repair or replacement costs or termination of any security interests or liens, an Seller shall have no
responsibility for reimbursing repair costs incurre by Byer in connection with Goo s without first giving written authorization for such
charges. In any claims by the Buyer against the Seller in respect of the Goo s, the liability of the Seller shall be limite to the value of the
Goo s. This warranty applies only to Goo s properly use an maintaine an oes not apply to any Goo s which are misuse ,
neglect or acci ent, or which has been installe , operate , repaire , altere or mo ifie other than in accor ance with instructions or
written authorization by Seller. This warranty oes not apply to any Goo s not manufacture by Seller, an Buyer's sole warranty
with respect to such Goo s shall be that of the Seller’s Ven or, if any.
(b) VENDOR’S WARRANTIES: Seller shall assign to Buyer any Ven or warranties an /or reme ies provi e to Seller by its Ven or.
(c) INTELLECTUAL PROPERTY INFRINGEMENT: SELLER DISCLAIMS ANY AND ALL WARRANTIES AND/OR INDEMNIFICATIONS
AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY NATURE. SELLER SHALL, IF GIVEN PROMPT
NOTICE BY BUYER OF ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT WITH RESPECT TO ANY GOODS SOLD
HEREUNDER, REQUEST THE APPLICABLE VENDOR TO GRANT FOR THE BUYER SUCH WARRANTY OR INDEMNITY RIGHTS AS
SUCH VENDOR MAY CUSTOMARILY GIVE WITH RESPECT TO SUCH GOODS.
( ) LIMITATIONS: THERE ARE NO OTHER WARRANTIES WRITTEN OR ORAL, EXPRESS, IMPLIED OR BY STATUTE. SELLER
SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO
REPAIR OF GOODS OR OTHER COSTS ARE ASSUMED BY SELLER UNLESS AGREED TO, IN ADVANCE, IN WRITING.
16. LIMITATIONS OF LIABILITY: UNLESS APPLICABLE LAW OTHERWISE REQUIRES, SELLER’S AND ANY VENDOR’S TOTAL
LIABILITY TO BUYER, BUYER’S CUSTOMERS OR TO ANY OTHER PERSON, RELATING TO ANY PURCHASES GOVERNED BY
THESE TERMS & CONDITIONS, FROM THE USE OF THE GOODS FURNISHED OR FROM ANY ADVICE, INFORMATION OR
ASSISTANCE PROVIDED BY SELLER (BY ANY METHOD, INCLUDING A WEB SITE), IS LIMITED TO THE PRICE OF THE GOODS
GIVING RISE TO THE CLAIM. NEITHER SELLER NOR ITS VENDORS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT,
CONSEQUENTIAL OR PENAL DAMAGES, INCLUDING, BUT NOT LIMITED TO BACKCHARGES, LABOR COSTS, COSTS OF
REMOVAL, REPLACEMENT, TESTING OR INSTALLATION, LOSS OF EFFICIENCY, LOSS OF PROFITS OR REVENUES, LOSS OF USE
OF THE GOODS OR ANY ASSOCIATED GOODS, DAMAGE TO ASSOCIATED GOODS, LATENESS OR DELAYS IN DELIVERY,
UNAVAILABILITY OF GOODS, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME, OR
CLAIMS FROM BUYER’S CUSTOMERS OR OTHER PARTIES. IF SELLER FURNISHES BUYER WITH ADVICE OR OTHER
ASSISTANCE WHICH CONCERNS ANY GOODS SUPPLIED HEREUNDER, OR ANY SYSTEM OR EQUIPMENT IN WHICH ANY SUCH
GOODS MAY BE INSTALLED, AND WHICH IS NOT REQUIRED PURSUANT TO THESE TERMS & CONDITIONS, THE FURNISHING OF
SUCH ADVICE OR ASSISTANCE WILL NOT SUBJECT SELLER TO ANY LIABILITY, WHETHER BASED ON CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS.
17. BUYER’S USE OF GOODS: Many factors beyon Seller’s control contribute to the success of the Buyer’s finishe pro ucts, such as raw
materials use to manufacture the pro ucts. Seller is not liability for the quality or quantity of finishe pro ucts pro uce by Buyer with the use of
the Goo s.
18. EXPORTS: If Goo s are sol for export, Seller’s stan ar terms & con ition for export sales, if any, shall also apply. Acceptance of export
or ers is not vali unless confirme in writing by Seller. Buyer, an not Seller, is responsible for compliance with all Unite States export control
rules an regulations. Buyer shall not name Seller as shipper or exporter of recor in connection with the export of any Goo s purchase from
Seller.
19. INSTALLATION: Installation of the Goo s is the responsibility of Buyer, unless otherwise in icate in the quotation or invoice provi e to
Buyer. Notwithstan ing the foregoing, however, Seller will provi e installation supervision personnel within thirty (30) ays of Buyer’s request. If
an installation for which the Seller is to participate is elaye by the Buyer more than six (6) months after the ate of shipment of the Goo s, or if
Buyer’s facility, materials, or parts are not prepare for installation for such perio of time, Seller shall be entitle to invoice the Buyer for the
anticipate installation costs, up to $1,250 per ay plus expenses, for each of Seller’s installations technicians which are on site.
20. ANTI-MONEY LAUNDERING RESTRICTIONS: Seller rejects questionable purchase or ers an payments: Except for pre-approve
cre it arrangements, Seller rejects thir -party payments, cashiers' checks, money or ers an bank rafts. Seller accepts only checks
imprinte with Buyer’s name; wire transfers originate in Buyer's account; letters of cre it with Buyer as account party; an cre it or ebit
car s in Buyer’s name. All payments must be by single instrument in the amount of the invoice, less cre its, from banks acceptable to
Seller.
21. GOVERNING LAW: These Terms & Con itions an all isputes relate to it shall be governe by the laws of the State of Flori a, Unite
States of America, without giving effect to its conflict of law rules.