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http://www.chromalox.com
Chromalox warrants only that the Products and parts manufactured by Chromalox, when shipped, and the
work performed by Chromalox when performed, will meet all applicable specification and other specific
product and work requirements (including those of performance), if any, and will be free from defects in
material and workmanship under normal conditions of use. All claims for defective or nonconforming (both
hereinafter called defective) Products, parts or work under this warranty must be made in writing immedi-
ately upon discovery, and in any event, within one (1) year from delivery, provided, however all claims for
defective Products and parts must be made in writing no later than eighteen (18) months after shipment by
Chromalox. Defective and nonconforming items must be held for Chromalox's inspections and returned to
the original f.o.b. point upon request. THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WAR-
RANTIES WHATSOEVER, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Notwithstanding the provisions of this WARRANTY AND LIMITATION Clause, it is specifically understood
that Products and parts not manufactured and work not performed by Chromalox are warranted only to the
extent and in the manner that the same are warranted to Chromalox by Chromalox's vendors, and then only
to the extent that Chromalox is reasonably able to enforce such warranty, it being understood Chromalox
shall have no obligation to initiate litigation unless Buyer undertakes to pay all cost and expenses therefor,
including but not limited to attorney's fees, and indemnifies Chromalox against any liability to Chromalox's
WARRANTY AND LIMITATION OF REMEDY AND LIABILITY
2150 N. RULON WHITE BLVD., OGDEN, UT 84404
Phone: 1-800-368-2493
vendors arising out of such litigation.
Upon Buyer's submission of a claim as provided above and its substantiation, Chromalox shall at its
option either (i) repair or replace its Products, parts or work at the original f.o.b. point of delivery or (ii)
refund an equitable portion of the purchase price.
THE FOREGOING IS CHROMALOX'S ONLY OBLIGATION AND BUYER'S EXCLUSIVE REMEDY FOR
BREACH OF WARRANTY, AND IS BUYER'S EXCLUSIVE REMEDY AGAINST CHROMALOX FOR ALL CLAIMS
ARISING HEREUNDER OR RELATING HERETO WHETHER SUCH CLAIMS ARE BASED ON BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES, BUYER'S
FAILURE TO SUBMIT A CLAIM AS PROVIDED ABOVE SHALL SPECIFICALLY WAIVE ALL CLAIMS FOR
DAMAGES OR OTHER RELIEF, INCLUDING BUT NOT LIMITED TO CLAIMS BASED ON LATENT DEFECTS.
IN NO EVENT SHALL BUYER BE ENTITLED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES AND BUYER
SHALL HOLD CHROMALOX HARMLESS THEREFROM. ANY ACTION BY BUYER ARISING HEREUNDER OR
RELATING HERETO, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY) OR OTHER THEORIES, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE
DATE OF SHIPMENT OR IT SHALL BE BARRED.
www.chromalox.com
W2008M
TA - S3 - EF
Litho in U.S.A.
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