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I
•••
t,
does not so perform,
or in the event that any equipment
sold by
Gates Radio Company does not conform to any written statement in a
contract of sale relative to its operating characteristics or capa-
bilities,
the sale liability of Gates Radio Company shall be,
at the
option of Gates Radio Company,
either to demonstrate the operation
of the equipment in conformance with its warranty,
or to replace it
with equipment conforming to its warranty,
or to accept its return,
f.o.b.
purchaser's point
of installation and refund to purchaser all
payments made on the equipment, without interest.
Gates Radio Company
shall have no responsibility to the purchaser under a warranty with
respect to operation of equipment unless purchaser shall give Gates
Radio Company a written notice, within one ( 1) month after arrival of
equipment at purchaser's shipping point,
that the equipment does not
conform to such warranty.
5.
Any item alleged by a purchaser to be defective,
and not in conform-
ance with a warranty of Gates Radio Company shall not be returned to
Gates Radio Company until after written permission has been first ob-
tained from the Gates Radio Company home office for such return.
Where a replacement part must be supplied under a warranty before the
defective part can be returned for inspection,
as might be required
to determine the cause of a defect,
purchaser will be invoiced in full
for such part,
and if it is determined that an adjustment in favor of
the purchaser is required,
a credit for an adjustment will be given
by Gates Radio Company upon its receipt and inspection of a part so
returned.
6.
All shipments by Gates Radio Company under a warranty will be
f.o.b.
Quincy,
Illinois or f.o.b. the applicable Gates Radio Company
shipping point.
7.
Gates Radio Company is not responsible for the loss of,
or damage
to,
equipment during transportation or for injuries to persons or
damage to property arising out of the use or operation of Gates equip-
ment.
If damage or loss during transportation occurs,
or if the
equipment supplied by Gates Radio Company is otherwise damaged,
Gates
will endeavor to make shipment of replacement parts at the earliest
possible time giving consideration to all conditions.
It is the
responsibility of a purchaser to file any claim for loss or damage
in transit with the transportation company and Gates will cooperate
in the preparation of such claims to the extent feasible when so
requested.
8.
Gates Radio Company,
in fulfilling its obligations under its
warranties,
shall not be responsible for delays in deliveries due to
depleted stock,
floods,
wars,
strikes,
power failures,
transportation
delays,
or failure of suppliers to deliver,
acts of God,
or for any
condition beyond the control of Gates that may cause a delayed de-
livery.
9.
This warranty may not be transferred by the original purchaser
and no party,
except the original purchaser, whether by operation of
law or otherwise,
shall have or acquire any rights against Gates
Radio Company by virtue of this warranty.
10.
Gates Radio Company reserves the right to modify or rescind,
without notice,
any warranty herein except that
such modification or
rescission shall not affect a warranty in effect on equipment at the
time of its shipment.
In the event of a conflict between a warranty
in a proposal and acceptance and a warranty herein,
the warranty in
the proposal and acceptance shall prevail.
11.
This warranty shall be applicable to all standard Gates catalog
items sold on or after March 1,
1960.
Gates Radio Company
12/13/1
Quincy,
Illinois
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