DeZURIK/SPX Process Equipment Guarantee and Limitation of Liability

Guarantee
Products, auxiliaries and parts thereof, of SPX Process Equipment’ manufacture, are guaranteed for a period of one year from date of shipment against defective workmanship and material only, when properly installed, operated and serviced in accordance with SPX Process Equipment’ recommendations. Replacement for items of SPX Process Equipment’ manufacture will be made free of charge if proved to be defective within such time. No claim for special or consequential damages, transportation, or labor shall be allowed. Purchaser shall be solely responsible for determining suitability for use and in no event shall SPX Process Equipment be liable in this respect. Equipment or parts manufactured by others but furnished by SPX Process Equipment will be repaired or replaced, only to the extent provided in the original manufacturer’s warranty to SPX Process Equipment. SPX Process Equipment does not guarantee resistance to corrosion, erosion, abrasion or other sources of failure, nor does SPX Process Equipment guarantee a minimum length of service. Failure of the purchaser to give prompt written notice of any alleged defect under this guarantee forthwith upon its discovery, or use and possession thereof after an attempt has been made and completed by someone other than SPX Process Equipment or an authorized representative to remedy defects therein, or failure to return products or parts for replacement as herein provided, of failure to install, operate and maintain said products or parts according to instructions provided by SPX Process Equipment, of failure to pay the entire contract price when due, shall be a waiver of all rights under these representations.

The foregoing guarantee shall be null and void, if, after shipment from our factory, the item is modified in any way or a component of another manufacturer, such as, but not limited to, an actuator is attached to the item by valves & controls other than an SPX Process Equipment Factory Service Personnel. All orders accepted shall be deemed accepted subject to this guarantee, which shall be exclusive of any other previous guarantee, and this shall be the only effective guarantee or warranty binding on SPX Process Equipment, anything to the contrary contained in the purchase order, or represented by any agent or employee of SPX Process Equipment, in writing or otherwise, notwithstanding, including but not limited to implied warranties.

THE FOREGOING OBLIGATIONS ARE IN LIEU OF ALL OTHER OBLIGATIONS AND LIABILITIES INCLUDING WARRANTIES OF FITNESS OR OF MERCHANTABILITY OR OTHERWISE, EXPRESSED OR IMPLIED IN FACT OR BY LAW, AND STATE SPX PROCESS EQUIPMENT ENTIRE AND EXCLUSIVE LIABILITY AND PURCHASER’S EXCLUSIVE REMEDY FOR ANY CLAIM IN CONNECTION WITH THIS SALE OR FURNISHING OF SERVICES, GOODS, OR PARTS, THEIR DESIGN, SUITABILITY FOR USE, INSTALLATION OR OPERATION.

Limitation of Liability
In no event shall SPX Process Equipment be liable for any Direct, indirect, Special or Consequential damages whatsoever, and SPX Process Equipment’ liability, under no circumstances, will exceed the contract price for the goods and/or services for which liability is claimed. Any action for breach of contract must be commenced within 1 year after the cause of the action has occurred.

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