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Warranty Terms
1. All Switchboard, Panelboard, and Portable Distribution Products
W.A. Benjamin Electric Company Switchboard, Panelboard, and Portable Distribution products are warranted against defects in materials and workmanship for a period of one (1) year from date of shipment by W.A. Benjamin Electric Company. If W.A. Benjamin Electric Company recieves notice of such defects during the warranty period, we shall, at our option, either repair or replace products, which prove to be defective.
2. Limitation of Warranty
The forgoing warranty shall not apply to defects resulting from:
A. Improper or inadequate maintenance by Purchaser;
B. Purchaser-supplied additions to unauthorized components;
C. Unauthorized modifications, repairs, or misuse. Any such repair must be authorized by W.A. Benjamin Electric Company in writing;
D. Operation outside of W.A. Benjamin Electric Companyâs environmental specifications or ratings for the product;
E. Improper site preparation and maintenance or storage.
W.A. Benjamin Electric Companyâs responsibility does not extend to equipment not manufactured by W.A. Benjamin Electric Company. Products or components supplied by W.A. Benjamin Electric Company but manufactured by others are waranted only to the extent of the manufacturerâs warranty. In no other event shall W.A. Benjamin Electric Company be responsible for gaining access to the product, disassembly, reassembly and transpotation of the product or parts from and to the place of installation.
THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. W.A. BENJAMIN ELECTRIC COMPANY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3. Limitations of Remedies and Liability
THE REMEDIES PROVIDED HEREIN ARE BUYERâS SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT SHALL W.A. BENJAMIN ELECTRIC COMPANY BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAMGES (INCLUDING LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
The foregoing Limitation of Liability shall not apply in the event that any W.A. Benjamin Electric Company product sold hereunder is determined by a court of competent juristiction to be defective and to have directly caused bodily injury, death, or property damamge; provided, that in no event shall W.A. Benjamin Electric Companyâs liability for property damage exceed the greater of $50,000 of the purchase price of the specific product that caused such damage.
May 7, 1990 |
