Page 125 - Leo International Catalog

TE RMS & CONDITIONS OF SALE TE RMS & CONDITIONS OF SALE

LIMITED ONE YEAR WARRANTY

Seller warrants the material to be free of defects in material and workmanship, under normal use, proper main-
tenance and proper operation, for a period of one year from date of delivery to a common carrier for shipment
to buyer or his designated agent. The obligation of the seller is limited to (1) repair of the material, or (2) re-
placement of any component or components proven defective in material or workmanship, or(3) refund of the
purchase price. Seller shall have no liability for the cost of removal or reinstallation with respect to any replaced
or repaired product. The election of said remedies shall be determined by seller in its sole discretion and shall
be considered final disposition. All implied warranties, including the implied warranties of merchantability and
fitness for a particular purpose, are hereby disclaimed and excluded. This warranty is in lieu of all other warran-
ties, guarantees, agreements and similar obligations or seller, in no event shall seller be liable for consequential
or incidental damages.

All parts are warranted to the original purchaser to be free from defects in material and workmanship for one
year from the date of purchase. This warranty is made to the original purchaser only and shall be effective from
the date of purchase as shown on the purchaser’s receipt.

Seller will replace, free of charge, during the warranty period, any part which proves defective in material and/
or workmanship under normal installation, use and service. This warranty is void for any damage due to misuse,
abuse, neglect, accident, improper installation or any use in violation of instructions furnished by Seller. Seller’s
obligation under this warranty shall be limited to the replacement of any parts which proves defective upon Sell-
er’s inspection of such product. Replacement parts can be obtained by returning the defective part to the Seller,
transportation charges prepaid, with copy of the purchase receipt.

CLAIMS

No later than ten (10) days from receipt of material buyer will report, in writing, all claims for any damage, defects TE RMS & CONDITIONS OF SALE
or shortages. All claims, including for alleged damaged or defective material, shortage negligence or any other
cause whatsoever “(defective performance)”, shall be deemed waived unless made in writing within the ten (10)
day period. However, any defective performance not discoverable within said ten (10) day period (including that
discoverable only in processing or in further manufacturing) shall be deemed waived unless made in writing and
received by seller in writing within ninety (90) days after receipt or within ten (10) days after buyer learns of the
alleged defect, whichever occurs first. Seller’s liability shall in no event exceed the purchase price of the material
in respect to which the claim is made, or at the election of seller at its sole discretion, and to repair or replace-
ment of such material. Seller shall not be liable for, and buyer assumes all responsibility for, all personal injury
and property damage resulting from handling, possession, use or resale of the material by buyer. In no event
shall seller be liable for incidental or consequential damages, whether buyer’s claim is in contract, negligence, or
otherwise. If claim is made, buyer shall permit seller at seller’s option to reinspect the material at buyer’s plant
or if seller so directs, buyer shall return the material at buyer’s expense to seller’s facility for reinspection. No
material may be returned to seller without prior written permission from seller.
DELIVERY AND SHIPMENT OF MATERIALS

All goods are sold F.O.B. sellers warehouse. Delivery of material to a common carrier shall constitute delivery
thereof to buyer and risk of loss shall pass to buyer at such time. Claims for damage to or loss of material in tran-
sit shall be filed by buyer direct with carrier. Buyer assumes all risks and liability for the results obtained by the
use of material delivered hereunder. No claim of any kind, whether as to material delivered or for nondelivery or
late delivery of material and whether based on negligence or otherwise, shall be greater in amount than the pur-
chase price of the material in respect to which such claim is made. In no event shall seller be liable for indirect or
consequential damages or for anticipated profits or loss of use of equipment.

LEO INTERNATIONAL, INC. 471 Sutter Avenue Tel: 718-290-8005

www.leointernational.com Brooklyn, NY 11207 Fax: 718-290-8046 125