Warranty and Liability
UFBL warrants to the original purchaser that the products sold hereunder shall be free from defects in workmanship and material under normal use and service (except in those cases where the materials are supplied by the Buyer) or (where the Buyer specifies the design of the equipment, this Warranty extends only to materials, workmanship, and compliance with the Buyer’s specification).
For a period of one year from the date of original installation, or eighteen(18) months from the date of shipment, whichever occurs first. The liability of UFBL under this warranty is limited to replacing, repairing, or issuing credit (at cost, F.O.B. factory and at UFBL’s discretion) for any part or parts which are returned by Buyer during such period provided that (a) UFBL is notified in writing within ten (10) days following discovery of such defects by Buyer, or within ten (10) days after such defects should reasonably have been discovered, whichever is less. (b) The defective unit is returned to UFBL, transportation charges prepaid by Buyer.
UFBL’s examination of such unit shall disclose to its satisfaction that such defects have not been caused by misuse, neglect, improper installation, repair, alteration, act of God, or accident. No warranty made hereunder shall extend to any UFBL product whose serial number is altered, effaced or removed. UFBL makes no warranty, express or implied, with respect to the design or operation of an entire system in which UFBL’s goods sold hereunder are mere components, nor does UFBL make any warranty, express or implied, with respect to motors, switches, controls, or other components of UFBL’s product, where such components are warranted separately by their respective manufacturers. Expenses incurred by Buyer(s) in repairing or replacing any defective product will not be allowed except where authorized in writing and signed by an officer of UFBL.
This warranty is expressly in lieu of all other warranties,express or implied, whether statutory or otherwise, including any implied warranty of merchantability or fitness for a particular purpose. In no event shall UFBL be liable to Buyer for indirect, incidental, collateral, or consequential damages of any kind.
Buyer’s failure to pay the full amount due within sixty ( 60 ) days of date of invoice shall operate to release UFBL from any and all liability or obligation arising pursuant to any warranty , express or implied , whether statutory or otherwise, including any implied warranty of merchantability or fitness for a particular purpose, made in connection with any contract formed hereunder. Buyer agrees that such failure to pay shall constitute a voluntary waiver of any and all such warranties arising pursuant to such contract.
Warranty for chemical attack of the corrosion liner or structure in the product sold by UFBL is based on recommendations made by the resin or plastic material supplier, and chemical environment data supplied by the buyer. No warranty is offered for use outside these limits.
When fire retardant materials are specified, this Warranty applies only to the materials used. Data relating to flame spread and smoke generation is as quoted by the material suppliers. Buyers should be aware that such data represent specific laboratory tests and may not be applicable to products sold by UFBL.