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CONDITIONS/LIMITATIONS
For purposes of this warranty, a "failure" shall mean
breakage of the product, malfunction of the product, or injury to
the product rendering it unserviceable, if it has been determined
that such breakage, injury or failure to function has not been caused
because said component or part:
1. Has been
improperly installed or maintained by customer,
or
2. Has been stored or used contrary to the Operation
and Maintenance instructions or recommendations
authorized or issued by EKD current at the
time, or
3. Has been repaired, or altered by customer in such
a way as to impair its safety operation,
or efficiency, or
4. Has been subject to:
i. Misuse, neglect or accident, or
ii. Ingestion of foreign material, or
iii. Environmental conditions for which
the part was not
designed, or
5. Has installed a part not defined herein as a part,
or
6. Has been affected in any way by occurrences,
such as acts of war and acts of God, etc.
not associated with ordinary use.
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LIMITATION
OF LIABILITY
The liabilities of EKD are limited to the provisions of the foregoing
warranties expressly stated herein. These warranties are exclusive
and in lieu of all other warranties, including the warranties of
merchantability and fitness for a particular purpose, whether expressed,
implied or statutory. In no event shall EKD be held liable for incidental
or consequential damages.
PURCHASE
ORDERS/ACKNOWLEDGEMENTS
Purchase Orders may be placed with EKD by telephone, telegram, fax,
or by your standard company Purchase Order, subject to any applicable
General Terms Agreement. EKD will acknowledge all orders within
seven working days. A confirming Purchase Order must follow all
orders placed by telephone, telegram or fax to allow shipment of
parts. All orders should specify the purchase order number, part
number, quantity, nomenclature, bill to address, ship to address,
specified ship date and unit price. EKD will ship the material any
time up to the specified ship date unless the order is clearly indicated
as a controlled shipment.
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