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transportation, to obtain and deliver or tender such documents as may be necessary to <br /> enable Buyer to obtain possession, and to promptly notify the Buyer of shipment. After <br /> seller has delivered the merchandise to the carrier, the risk of loss of the merchandise <br /> will be borne by the Buyer. The prices quoted herein include transportation charges <br /> based on existing truckload rates, any change in delivery rates existing at the time of <br /> delivery will be billed to your account. Dates of delivery are determined from the date of <br /> Seller's acceptance of any order or orders by Buyer and are estimates of approximate <br /> dates of delivery, not a guaranty of a particular day of delivery. <br /> 6. Sales and use tax are not included. <br /> 7. Buyer shall notify seller in writing at Seller's place of business as shown on the reverse <br /> side of this page, within twenty (20) days of receipt of merchandise, or any complaint <br /> whatsoever buyer may have concerning such merchandise. Failure to give such notice <br /> shall constitute a waiver by Buyer of all claims in respect to such goods. <br /> 8. If notice of complaints is provided within twenty (20) days of Buyer's receipt of the <br /> merchandise, Seller agrees to inspect the merchandise at Seller's place of business <br /> during Seller's normal business hours and days. Upon inspection, if the merchandise is <br /> determined to be defective in material or workmanship, Seller, at Seller's option, shall <br /> repair or replace said merchandise at no cost to Buyer, or Seller may refund the <br /> purchase price. If the examined merchandise is found not to be defective or is not for <br /> some other reason within the warranty coverage, Seller's service time expended on and <br /> off-location will be charged to Buyer. <br /> 9. Seller will have no further warranty obligation under this Agreement if the Equipment is <br /> subjected to abuse, misuse, negligence or accident or if buyer fails to perform any of its <br /> duties set forth in Paragraphs 8 and 9. <br /> 10. THE WARRANTY PRINTED ABOVE IS THE ONLY WARRANTY MADE BY THE <br /> SELLER REGARDING THIS PURCHASE. SELLER DISCLAIMS ALL OTHER <br /> WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE <br /> IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR <br /> PURPOSE. NOTHING HEREIN CONTAINED SHALL LIMIT BUYER'S RIGHTS <br /> AGAINST THE MANUFACTURER, WITH RESPECT TO MANUFACTURER'S <br /> WARRANTIES, IF ANY. <br /> 11. WARRANTY REPAIRS (which fall under the manufacturer's warranty, if any) ARE <br /> F.O.B. ELECTRIC PUMP, INC. SERVICE LOCATION. ELECTRIC PUMP, INC. WILL <br /> NOT ASSUME ANY EXTENDED WARRANTIES UNLESS APPROVED BY PRIOR <br /> WRITTEN CONSENT. THIS INCLUDES SERVICE CALLS TO JOB SITES ON <br /> PRODUCT COVERED DURING THE WARRANTY PERIOD. PLEASE REFER TO THE <br /> ATTACHED PRODUCT WARRANTY STATEMENT FOR CLARIFICATION. <br /> 12. IT IS UNDERSTOOD AND AGREED THAT SELLER'S LIABILITY WHETHER IN <br /> CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE <br /> SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE <br /> PAID BY BUYER AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE <br /> FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED <br /> FOR THE MERCHANDISE IS A CONSIDERATION IN LIMITING SELLER'S LIABILITY. <br /> NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTION <br /> UNDER THIS AGREEMENT MAY BE BROUGHT BY BUYER MORE THAN ONE-YEAR <br /> AFTER THE CAUSE OF ACTION HAS ACCRUED. <br /> 3 <br />