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Warranty |
All equipment in this catalog carries a limited one (1)
year warranty except fire extinguishers, which carry a
six (6) year, high performance fire extinguishers carry
a twelve (12) year warranty against defects in material
and workmanship. Warranty does not cover ordinary wear
and tear, erosion, corrosion, abuse, misuse, or
alteration of the product. If a question of warranty
arises, the product should be returned to Special
Service and Supply, Inc. 1730 13th Street, Steamboat
Springs, Co. 80487, freight prepaid, accompanied by a
copy of the original invoice or proof of purchase, and a
description of the problem and how it occurred. The item
will be repaired or replaced at our sole discretion.
When necessary repairs have been made, the device will
be re-proof in compliance with specifications listed
under the original proof testing requirements.
Special Service and Supply, Inc. reserves the right to
make any modifications required by production conditions
to the information set forth in Special Service and
Supply, Inc.'s catalog. Special Service and Supply, Inc.
shall not be liable or responsible, however, (A) for
defects in any portion or part of Goods manufactured by
others. If (A) is applicable, Special Service and
Supply, Inc., shall as an accommodation to the Buyer,
assign to the Buyer any warranties given to it by any
such other manufacturers. Any claim by Buyer with
reference to the Goods for any cause shall be deemed
waived by Buyer unless submitted to Special Service and
Supply, Inc. in writing within ten (10) days from the
date the Buyer discovered, or should have discovered,
any claimed breach. Buyer shall give Special Service and
Supply, Inc. an opportunity to investigate.
Provided that Special Service and Supply, Inc. is
furnished prompt notice by Buyer of any defect and an
opportunity to inspect the alleged defect as provided
herein, Special Service and Supply, Inc. at its option
and at its sole discretion either: (1) repair the
defective or non-performing Goods at Special Service and
Supply's plant. The foregoing warranty does not cover
failure of any part manufactured by others. The
exclusive remedy of the Buyer and the sole liability of
Special Service and Supply, Inc., for any loss, damage,
injury or expense of any kind arising from the
manufacture, delivery, sale, installation, use or shipment of Goods
and whether based on contract, warranty, tort or any
other basis of recovery whatsoever, shall be at the
election Special Service and Supply, Inc., the remedies
described above. The foregoing is intended as a complete
allocation of the risks between the parties and the
Buyer understands that it will not be able to recover
consequential damages in substantial amounts. Because
this Agreement and the price paid reflect such
allocation, this limitation will not have failed of its
essential purpose even if it operates to bar recovery
for such consequential damages.
The foregoing warranty is exclusive and in lieu of all
other warranties whether express or implied by law.
There is no implied warranty of merchantability or
fitness for a particular purpose. In no event whether as
a result of breach or contract, warranty, tort,
(including negligence), or strict liability, shall
Special Service and Supply, Inc. be liable for any
punitive, special, incidental, or consequential damages
including but not limited to loss of profit, loss of
goods, or other property equipment, damage to other
property or the claims of Buyer's customers. Buyer shall
indemnify Special Service and Supply, Inc. from all
claims including attorney's fees, including personal
injury property damage or other liability resulting from
the use of Special Service and Supply, Inc.'s Goods.
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