Subject to the provisions hereinafter set forth, J.D. GOULD COMPANY, INC “Seller” warrants, solely to its purchaser, “Purchaser”, that at the time of shipment by the Seller, products manufactured by it and which bear its’ nameplate, if properly installed and used, will be free from defects in material or workmanship for a period of one (1) year after the date of the original shipment of the merchandise by Seller. No distributor, dealer, or any other entity or person is authorized to expand or alter this warranty or any other provision of this agreement. Any representation other than the warranties set forth in this agreement will not bind Seller.
As Purchaser’s sole remedy for a failure of the merchandise during the warranty period for reasons covered under this Limited Warranty, Seller, after inspection of the merchandise, will either repair or replace, as its sole option, the merchandise and return the merchandise or its replacement, freight collect, to the Purchaser, of with prior written permission of Seller said merchandise is received by Seller, freight prepaid by Purchaser, at Seller’s plant at 4707 Massachusetts Avenue, Indianapolis, Indiana 46218.
Purchaser assumes the full responsibility for the selection of the merchandise to achieve its intended results, and for the installation, use, and results obtained from the merchandise. Purchaser assumes the whole risk for the quality and performance of the merchandise.
Seller does not warrant that the merchandise will meet with Purchaser’s requirements or that operation of the merchandise will be uninterrupted of error-free.
This Limited Warranty does not cover damages due to misuse, neglect, tampering, abuse, accident, alteration, repair, usage not in accordance with the product instructions, or improper installation.
This Limited Warranty does not cover costs relating to the removal or replacement of the merchandise.
This Limited Warranty does not apply to merchandise which is used in connection with the transmission of hazardous, toxic and flammable fluids and gases, unless expressly designated for such use by Seller or indicated on Seller’s label attached to said merchandise, or from which the nameplate has been removed, defaced or altered, or which has been used other than for general commercial purposes. (The Product is not suitable for residential use).
Seller shall have the right to inspect all merchandise returned to it or for which Purchaser is making a claim under this Limited Warranty to determine whether the merchandise is within this Limited Warranty, including, but not limited to the right to determine whether the merchandise is defective, whether the same has been returned to the Seller within the warranty period, whether the merchandise should be repaired or replaced, and whether there is any evidence of misuse, neglect, tampering, abuse, accident, alteration, repair, usage not in accordance with the product instructions, or improper installation. Any such determination made by the Seller shall be conclusive and binding upon all interested parties.
Under no circumstances will the Seller be responsible for damages incurred in the shipment to the Seller, or from the Seller, of the merchandise, and the owner of said merchandise agrees that in the case of any such shipment, the carrier is and shall be his agent for all purposes and under no circumstances the agent of the Seller.
Components manufactured by any supplier other than Seller shall bear only that warranty made by the manufacturer of that product.
EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE MERCHANDISE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SELLER MAKES NO EXPRESS WARRANTIES BEYOND THOSE STATED HEREIN. SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD.
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SELLER BE LIABALE TO PURCHASER FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUES, LOST SAVINGS, DOWNTOWN, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT OR PROPERTY ARISING OUT OF THE USE OF THE MERCHANDISE, OR INABILITY TO USE THE MERCHANDISE, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER EQUIPMENT, AND WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, OR OTHERWISE, AND EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL SELLER’S LIABILITY OF DAMAGES TO THE PURCHASER EVER EXCEED THE PURCHASE PRICE OF THE MERCHANDISE.
Some states to not allow limitations on the terms of an implied warranty or the exclusion or limitations of special or consequential damages. In such states, any non-permissible provision of this contract shall be ineffective, but the Limited Warranty shall be valid and enforceable to the greatest extent permissible under the applicable laws of the particular state. Except as specifically unenforceable as to local law as to any particular part thereof, this warranty shall be governed and construed according to the laws of the State of Indiana. This warranty gives specific legal rights and the original Purchaser may also have rights which vary from state to state.
