AIR COMPRESSOR GROUP
BONDED WARRANTY & REGISTERED START UP
Warranty
The Company warrants that the equipment manufactured by it and delivered hereunder will be free of defects in
material and workmanship for a period of twelve months (see extended airend warranty) from the date of placing
the Equipment in operation or eighteen months (see extended airend warranty) from the date of shipment from
Davidson, NC, whichev er shall first occur. The Purchaser shall be obligated to promptly report any failure to conf orm
to this warranty, in wr iting to the Company in said period, whereupon the Company shall, at its option, correct such
nonconformity, by suitable repair to such equipment or, furnish a replacement part F.O.B.point of shipment, provided the Purchaser has stored, installed, maintained, and operated such Equipment in accordance with good industry practices and has complied with specific recommendations of the Company.Accessories or equipment furnished
by the Company, but manufactured by others, shall carry whatever warranty the manufacturers have conveyed to
the Company and which can be passed on to the Purchaser. The Company shall not be liable for any repairs,
replacements, or adjustments to the Equipment or any costs of labor performed by the Purchaser or others without
Company’s prior written approval.
The effects of corrosion, erosion, and normal wear and tear are specifically excluded.Performance warranties are
limited to those specifically stated within the Company’s proposal. Unless responsibility for meeting such performance warranties are limited to specified tests, the Company’s obligation shall be to correct in the manner and for
the period of time provided above.
THE COMPANY MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER,
EXPRESSED OR IMPLIED, EXCEPT THAT OF TITLE, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
Correction by the Company of nonconformities whether patent or latent, in the manner and for the period of time
provided above, shall constitute fulfillment of all liabilities of the Company for such nonconformities whether based
on contract, warranty negligence, indemnity, strict liability or otherwise with respect to or arising out of such
Equipment.
The purchaser shall not operate Equipment which is considered to be defective, without first notifying the Company
in writing of its intention to do so. Any such use of Equipment will be at Purchaser’s sole r isk and liability.
Limitation of Liability
The remedies of the Purchaser set forth herein are exclusive, and the total liability of the Company with respect to
this contract or the Equipment and services furnished hereunder, in connection with the performance or breach
thereof, or from the manufacture, sale, delivery, installation, repair or technical direction covered by or furnished
under this contract, whether passed on contract, warranty negligence, indemnity, strict liability or otherwise, shall not
exceed the purchase price of the unit of Equipment upon which such liability is based.
The Company and its suppliers shall in no event be liable to the Purchaser, any successors in interest or any beneficiary or assignee of this contract for any consequential, incidental, indirect, special or punitive damages arising
out of this contract or any breach thereof, or any defect in, or failure of, or malfunction of the Equipment hereunder,
whether based upon loss of use, lost profits or revenue, interest, lost goodwill, work stoppage, impairment of other
goods, loss by reason of shutdown or non-operation, increased expenses of operation, cost of purchase of replacement power or claims of Purchaser or customers of Purchaser for service interruption whether or not such loss or
damage is based on contract, warranty, negligence, indemnity, strict liability or otherwise.
©INGERSOLL-RAND COMPANY