KERR PUMP AND SUPPLY, INC. TERMS AND CONDITIONS
All pumps, pump parts and material will be installed by and at the expense of the purchaser, unless otherwise expressly stipulated in writing and executed by a duly authorized representative of Kerr Pump and Supply, Inc.
Immediately after the installation of the pump, pump part or material, it shall be given a five (5) day test run by purchaser and, if it meets the requirements of this contract, it shall be accepted by purchaser in full discharge of all agreements made on Kerr Pump and Supply’s part except for the one year warranty of workmanship and/or material specified below. The pump, pump part or material shall be conclusively deemed to be accepted by purchaser unless purchaser notifies Kerr Pump and Supply in writing at its offices in Oak Park, Michigan within thirty (30) days of delivery of the material that it fails to meet the requirements of this contract.
Kerr Pump and Supply shall then have reasonable time to make any and all necessary replacements, repairs, or refunds as provided in this agreement.
THERE ARE NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR MERCHANTABILITY AND FITNESS FOR PURPOSE, MADE BY SELLER IN CONNECTION WITH THIS SALE EXCEPT AS EXPRESSLY SET FORTH HEREIN. Kerr Pump and Supply warrants (unless otherwise specified) all pumps, pump parts and material manufactured by it to be free from defects in workmanship or material for a period of one (1) year from date of startup, provided that in no event shall this warranty extend more than eighteen (18) months from the date of shipment from Kerr Pump and Supply. If during this warranty period any pump, pump part or material manufactured by Kerr Pump and Supply proves to be defective in workmanship or material under normal use and service, and if such pump, pump part or material is returned to Kerr Pump and Supply at its offices in Oak Park, Michigan, transportation charges prepaid and if the pump, part or material is found by Kerr Pump and Supply to be defective in workmanship or material, it will be replaced or repaired free of charge. F.O.B. Oak Park, Michigan, or the purchase price refunded at seller’s option.
Equipment purchased by Kerr Pump and Supply from outside sources which is sold to purchaser or incorporated into any pump, pump part or material manufactured by Kerr Pump and Supply is warranted only to the extent of and by the original manufacturer’s warranty or guarantee, if any.
Seller assumes no liability for consequential damages of any kind, and purchaser, by acceptance of delivery, assumes all liability for the consequences of the use or misuse by anyone of any pump, pump part or material sold by Kerr Pump and Supply. Seller assumes no field expense for service or parts, unless authorized by it in advance in writing by a duly authorized representative of Kerr Pump and Supply.
Purchaser agrees upon receipt of pumps, pump parts or material subject to this agreement that it will be purchaser’s duty to inspect all such pump, pump parts or material on a continuing basis, to provide proper safety devices and equipment or means necessary to safeguard any operator from harm for any use of such pumps, pump parts or material; to adequately safeguard each pump, pump part or material; and, to meet all government safety standards which may be imposed from time to time, including, but not limited to, the 1970 Occupational Safety and Health Act (OSHA), as amended.
All statements, quotations, and agreements are made subject to and without liability on the part of Kerr Pump and Supply for any consequences arising from any and all causes beyond Kerr Pump and Supply’s control, including war, manufacturing contingency, acts of God, fire, floods, accidents, riots, strikes, labor disturbances, and delays in transportation.
PURCHASER AGREES TO INDEMNIFY, HOLD HARMLESS, DEFEND, AND MAKE WHOLE SELLER FROM ANY AND ALL LIABILITY, LOSS OR DAMAGES WHICH SELLER MAY SUFFER AS A RESULT OF CLAIMS, DEMANDS, COSTS OR JUDGEMENTS AGAINST SELLER ARISING OUT OF ANY — USE WHATSOEVER OF THE PUMP, PUMP PARTS AND/OR MATERIAL SOLD PURSUANT TO THIS AGREEMENT, WHICH LIABILITY, LOSS OR DAMAGES, CLAIMS, DEMANDS OR JUDGEMENTS ARE BASED UPON OR RESULT FROM ANY OF THE FOLLOWING: (1) THE FAILURE OF PURCHASER, PURCHASER’S OFFICERS, AGENTS OR EMPLOYEES TO FOLLOW MANUFACTURER’S INSTRUCTIONS, WARNINGS, OR RECOMMENDATIONS, OR (2) THE FAILURE OF PURCHASER, PURCHASER’S OFFICERS, AGENTS OR EMPLOYEES TO COMPLY WITH FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS APPLICABLE TO THE — USE OF SUCH PUMP PARTS OR MATERIAL, INCLUDING, BUT NOT LIMITED TO, THE 1970 OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA), AS AMENDED; OR (3) ANY LIABILITY, LOSS OR DAMAGES, CLAIMS, DEMANDS, COSTS OR JUDGEMENTS BASED UPON OR RESULTING FROM ANY LEGAL THEORY OF STRICT LIABILITY WITHOUT FAULT APPLIED TO PURCHASER OR SELLER OR TO THE ORIGINAL MANUFACTURER OF THE SUBJECT PUMP, PUMP PART OR MATERIAL TO SELLER, OR (4) ANY LIABILITY, LOSS OR DEMANDS, COSTS OR JUDGEMENTS BASED UPON OR RESULTING FROM ANY THEORY OF BREACH OF WARRANTY OF ANY KIND. 12/97