Media Blast & Abrasives, Inc., hereinafter known as "Seller" warrants the equipment and products sold hereunder against
defects in material and workmanship under normal use and service excluding abrasion, erosion and corrosion for a period of
one (1) year from date of shipment to Buyer. Equipment,
products or parts manufactured by others but furnished by
Seller will be repaired or replaced only to the extent of the original
manufacturer's warranty (except motors). Buyer shall promptly
report all asserted defects in the equipment, products or parts to
Seller and shall afford Seller a reasonable opportunity to inspect
all asserted defects. Seller's entire liability, whether under warranty, contract, negligence, or otherwise, shall be limited to repair
or replacement, F.O.B. Seller's place of business, of the original
equipment found to be defective within the warranty period.
Seller may void warranty if replacement parts installed in the
machine are not genuine Media Blast & Abrasives, Inc. parts.
Buyer shall be liable for and indemnify Seller against any and all
claims, losses, or causes of action or judgements of any kind
arising from or on account of personal injuries or death or damages to property resulting from or caused by Buyer's negligence or improper installation, operation or maintenance of
the equipment.
The foregoing obligations are in lieu of all other obligations and
liabilities including negligence and all warranties of merchantability
or otherwise, expressed or implied in fact or by law, and state
our entire and exclusive liability and buyer's exclusive liability for
any claim of damages in connection with the sale or furnishing
of goods or parts, their design, suitability for use, installation or
operation of the equipment covered by this agreement. Seller
will in no event be liable for any special or consequential damages
whatsoever, and our liability under no circumstances will exceed
the contract price for the goods for which liability is claimed