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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
immediately 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 WARRANTIES 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 under-
stood 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 expens-
es therefor, including but not limited to attorney's fees, and indemnifies Chromalox against any liability to
Chromalox
P R O D U C T
2150 N. RULON WHITE BLVD., OGDEN, UT 84404
Phone: 1-800-368-2493
WARRANTY AND LIMITATION OF REMEDY AND LIABILITY
®
S E R V I C E
Chromalox's 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.
W2008M
99 - 0 52
TA - Q9 - EF
Litho in U.S.A.
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