STATEMENT OF LIMITED WARRANTY (Cont.) STATEMENT OF LIMITED WARRANTY: SuperSafe™ Tanks, Inc. warrants that equipment that it manufactures or has manufactured for it under contract (and in accordance to its specifications) to be free from defects in materials and workmanship for a period of one year from the date of delivery thereof to the original buyer. During the warranty period, SuperSafe™ Tanks, Inc. will, at its option, repair or replace equipment found to be defective under normal use and service. SuperSafe™ Tanks, Inc. does not warrant uninterrupted or error-free operation of equipment. Misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by the buyer or failure caused by a product for which SuperSafe™ Tanks, Inc. is not responsible may void the warranty. F.O.B. FACTORY: Shall be interpreted to include loading on cars or trucks at SuperSafe™'s plant, but not include blocking and anchoring. This warranty gives the buyer specific legal rights and the buyer may also have other rights which vary from state to state. This warranty shall extend only to the original purchaser of the equipment covered. THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOWEVER, SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY. Any equipment or parts thereof covered by this agreement, which is not manufactured by SuperSafe™ Tanks, Inc. will be covered only by the warranty, if any, of its manufacturer. The buyer is responsible for any pick-up and delivery charges associated with warranty service. The buyer is responsible for loss of, or damage to, equipment in transit when the buyer is responsible for transportation charges. TO OBTAIN WARRANTY SERVICE, CONTACT SuperSafe™ Tanks, Inc. at (317) 255-5387 No corrective action under warranty will be commenced on any equipment without prior written approval from SuperSafe™ Tanks, Inc. Circumstances may arise where, because of a default on SuperSafe™ Tanks, Inc.'s part or other liability (including negligence and misrepresentation), the buyer is entitled to recover damages from SuperSafe™ Tanks, Inc. In each such instance, regardless of the basis on which the buyer is entitled to claim damages, SuperSafe™ Tanks, Inc. liability is limited to accepting the return of the equipment that is the subject of the claim (FOB plant of manufacture), refunding any amounts paid thereof by the buyer [less depreciation at the rate of fifteen percent (15%) per year] and canceling any balance still owing on the equipment. Under no circumstances is SuperSafe™ Tanks, Inc. liable for third-party claims against the buyer for losses or damages, economic consequential damages (including lost profits or savings) or incidental damages, even if SuperSafe™ Tanks, Inc. is informed of their possibility. ACCEPTANCE: If this proposal meets with your approval, please indicate on your purchase order that the order is an acceptance of this quotation, and refer to our quotation number and date of same.
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