Subject to the limitations contained in LIMITATION OF REMEDY AND LIABILITY below and except as otherwise expressly provided herein, seller warrants that the goods manufactured, or services provided by Seller will be free from defects in materials or workmanship under normal use and care until the expiration of the applicable warranty period. Goods are warranted for twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller, whichever period expires first. Consumables and services are warranted for a period of ninety (90) days from the date of shipment or completion of the services. Gauge glass internal lenses and protective mica shields are excluded from this warranty, as they are consumable items subject to normal wear. The mica is intentionally designed to deteriorate over time in order to protect the glass lens from condensate flow, steam erosion, and corrosive media; such deterioration is inherent to boiler operation and does not constitute a defect. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects and notifies Seller thereof in writing during the applicable warranty period, Seller shall, at its option, promptly repair or replace F.O.B. point of manufacturer that portion of the goods found by Seller to be defective, or refund the purchase price of the defective portion of the goods/services. All replacements or repair necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources, unsuitable environmental conditions, accident, misuse, improper installation, modification, repair, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Equipment must be stored indoors in a clean, dry, humidity-controlled environment prior to installation and use. Improper storage, including but not limited to exposure to moisture, humidity, precipitation, corrosive atmospheres, temperature extremes, or outdoor conditions, may result in surface rust, corrosion, or other damage. Surface rust or corrosion resulting from improper storage or handling is considered a condition of storage and is not covered under this warranty. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by an authorized Seller representative. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced during the warranty shall be in warranty for the remainder of the original warranty period or ninety (90) days, whichever is longer. This limited warranty is the only warranty made by Seller and can be amended only in writing signed by an authorized representative of Seller. Except as otherwise expressly provided in the Agreement, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.
