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Patent
The units described in this manual are covered by
U.S. Patents, with other patents pending.
Buyer shall hold harmless and indemnify the Seller,
its directors, officers, agents, and employees from
any and all costs and expense, damage or loss,
resulting from any alleged infringementof United
States Letters Patent or rights accruing thereform or
trademarks, whether federal, state, or common law,
arising from the Seller’s compliance with Buyer’s
designs, specifications, or instructions.
Warranty
Seller hereby warrants that the goods which are the
subject matter of this contract will be manufactured
in a good workmanlike manner and all materials
used herein will be new and reasonably suitable for
the equipment. Seller warrants that if, during a
period of five years from date of shipment of the
equipment, the equipment rendered shall be found
by the Buyer to be faulty or shall fail to peform in
accordance with Seller’s specifications of the
product, Seller shall at his expense correct the
same, provided, however, that Buyers shall ship the
equipment prepaid to Seller’s facility. The Seller’s
responsibility hereunder shall be limited to replace-
ment value of the equipment furnished under this
contract.
Seller makes no warranties expressed or implied
other than those set out above. Seller specifically
excludes the implied warranties of merchantibility
and fitness for a particular purpose. There are no
warranties which extend beyond the description
contained herein. In no event shall Seller be liable for
consequential, exemplary, or punitive damages of
whatever nature.
Any equipment returned for repair must be sent
with transportation charges prepaid. The equipment
must remain the property of the Buyer. The afore-
mentioned warranties are void if the value of the
unit is invoiced to the Seller at the time of return.
Indemnification
The Seller shall not be liable for any property
damages whatsoever or for any loss or damage
arising out of, connected with, or resulting from
this contract, or from the performance or breach
thereof, or from all services covered by or furnished
under this contract.
In no event shall the Seller be liable for special,
incidental, exemplary, or consequential damages,
including but not limited to, loss of profits or
revenue, loss of use of the equipment or any
associated equipment, cost of capital, cost of
purchased power, cost of substitute equipment,
facilities or services, downtime costs, or claims or
damages of customers or employees of the Buyer
for such damages, regardless of whether said claim
or damages is based on contract, warranty, tort
including negligence, or otherwise.
Under no circumstances shall the Seller be liable
for any personal injury whatsoever.
It is agreed that when the equipment furnished
hereunder are to be used or performed in connec-
tion with any nuclear installation, facility, or
activity, Seller shall have no liability for any
nuclear damage, personal injury, property damage,
or nuclear contamination to any property located at
or near the site of the nuclear facility. Buyer agrees
to indemnify and hold harmless the Seller against
any and all liability associated therewith whatso-
ever whether based on contract, tort, or otherwise.
Nuclear installation or facility means any nuclear
reactor and includes the site on which any of the
foregoing is located, all operations conducted on
such site, and all premises used for such opera-
tions.
Notice:
Any illustrations and descriptions by Beckwith
Electric Co., Inc. are for the sole purpose of
identification.
The drawings and/or specifications enclosed herein
are the proprietary property of Beckwith Electric
Co., Inc., and are issued in strict confidence;
therefore, shall not be used as a basis of reproduc-
tion of the apparatus described therein without
written permission of Beckwith Electric Co., Inc.
No illustration or description contained herein
shall be construed as an express warranty of
affirmation, promise, description, or sample, and
any and all such express warranties are specifically
excluded nor shall such illustration or description
imply a warranty that the product is merchantable
or fit for a particular purpose. There shall be no
warranties which extend beyond those contained in
the Beckwith Electric Co., Inc. terms of sale.
All rights reserved by Beckwith Electric Co., Inc. No reproduction may be made without prior written approval
of the Company.