Operating instructions

Unless
olherwise agreed
in wriling by Process Healing
Company
("PHCo"),
all
of
the
following lerms
and conditions shall
apply
lo
ils
transaction
with
you
(the
"buye/'):
1.
LIMITED WARRANTY:
DISCLAIMERS.
PHCo waranls
that
the
goods
sold
under this
contract shall be lree
lrom delects
ln worknranship
and
materials
al
the
lime
delivery is
lendered. ll
lhere is
discovered any lailure
of
goods
to
ccrnlorm
lo
lhis limiled
warranty
wilhin one
(1)
tear
after
tender
ol
delivery
(live
(5)
years
in lhe case
ol
immersion
type
heating
elemenls olher
than drop-in
style elemenls), and
il Buyer notilies PHCo in
wriling
ol such facl wilhin
lhirty
(30)
days following
such
discovery,
PHCo
at
ils
own
expense
eilher
will
repair
the defeclive
item, or replace it,
or refund to
Buyer lhe
purchase price paid
for
that
item
(with
lhe
choice between
repair,
replacemenl
or refund
to be made
solely by PHCo). The foregoing limited
waranty
and
remedy
are exclusive ol
all
olher
warranlies, express
or
implied,
and constitule
PHCo's
exclusive liability,
ahd Buyels exclusive
remedy,
on
accounl of any claim relating
lo any ilem
sold.
PHCo DISCLAIMS
ANY
WARRANTY OF MERCHANTABILITY oH
FINESS FOR ANY PARTICULAR PURPOSE.
lf PHCo
should elect to
repair or
replace
a delective
item
and if for
any
reason
lhe
repair
ol
replacement
should
lail in its
essential
purpose
(which
is
to
provide
Buyer with
a non-delective
ilem),
then PHCo's liabilily
neverlheless shall be
limited
to
lhe
purchase
price
charged
by
PHCo lor the
goods.
Pl'lCo shall
have no llability on
accounl of any
claim
asserled under
r:rrrrciples
of negligence
or
olher torl,
breach
of
any stalutory duty,
indemnity or contribution, or on any olher basis, if PHCo's
liability
on
accounl
ol such claim would
exceed
or in
any
respect
differ
f rom
its
lialrililt' under lhe
forgoing
limited warranty
and
exclusive
remedy.
2.
LIABILITY OF PHCo
UNDER THE
FOREGOING LIMITED
WARRANTY
SHALL EXIST ONLY lF:
a.
The
goods
are ¡nstalled,
operaled
and lested
in accordance
wilh
the
PHCo
approved
installation and
operalii,r,Inslnlclion,
b. The
goorls
are used
and mainlained in
conlormily
with inslallation
and operallon instruclions
approved
or
published
by
PHCo.
c. Wrilten
aulhorizalion musl be
given
by PHCo
belore any
wananty
work is done.
The
above limited
warranty
shall
be
void
and
no
lurther in
effecl
¡l
lhe
goods
are subject lo abuse,
strain, impacl or loading lhat
is
grealer
than their normal
3. LIMITATION
OF
LIABILITY. UNDER
NO
CIRCUMSTANCES
SHALL PHCo OR
ANYONE ELSE
INVOLVEn lN THE MANUFACTURE
oR SALE OF
TIJE
GOODS
BE LIAELE
TO BUYER
OR
OTHERS
FOR
ANY
SPECIAL, INCIDENTAL OR
CONSEOUENTIAL
DAMAGES,
INCLUDING
BUT NOT LIMITED
TO
LOST
PROFITS, EVEN IF
PHCo HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY
DAMAGES
OR SUMS
PAID
BY
BUYER
OR OTHER
TO
THIRD PARTIES.
THE
FOREGOÍNG
LIMITATION
OF LIABILITY
SHALL
APPLY
I'J!IETHER
ANY
CLAIM FOR ANY SUCH DAM-
AGES
IS
BASED
UPON PHINCIPLES Of-
TjIJNTRACT,
WARHANTY, NEGLIGENCE
OR
OTHER TORT, BREACH
OF
ANY
STATUTORY DUTY.
PRIN-
CIPLES
OF
INDEMNITY
OR
CONTRIBUI ION, THE FAILUBE OF
ANY
LIMITED OR
EXCLUSIVÍI NEMEDY TO ACHIEVE
ITS ESSENTIAL PURPOSE, OR
ANY.OTHER
BASIS.
4.
AUTHORITY
OF
PHCo'S AGENTS.
No aq
,rrt,
employee
or represenlative ol PHCo has any aulhority
lo
t¡ind
PHCo to
any
other affirmalion, represcnla-
lion,
promise
or
warranly
concerning
the
goods
sold under lhis contract, unless
it is in wrillllg and
included
as
part
of lhe lerms
of lhis a
contract.
5.
MODIFICATION
OF WAIVER.
No
subsequenl
waiver or modificalion ol lhis Limited Warranty and Liability
shall be etleclive
unless lhe
same
is
in
writing
and signed
by lhe
party
againsl whom
such waiver
or modification ls
asserled.
No
waiver
in
any one instance
shall
conslÍtule
a
wsi\, e¡
r¡l
lhe same or any
other
lerm
or condilion
on any
subsequenl
occasion.
None
ol lhe express lelntii
,:l
lhis Limiled
Wananty
and
Liabilily may be
waived
or
varied by
course ol
deallng
or
usage
of
trade.
I,
6.
DISPUTES.
Thls
agreement
shall
be
govemed
by
lhe
laws ol ltrr, Slale
of
Washingrton
wilhout telerenceto
lts
choice
ol law
rules. Any aclion lo enforce
any ol
lhe
lerms or
condilions ol
lhis agreement
may be commenced
or mainlained
at lhe option
of
eilher
party
ln
any
lederal or
slate courl
localed ín Kíng
County,
Washíngton
havlng
jurisdiclion
over
lhe
matler, and bolh
paf
íes conssnl ln
advance to the exerc¡se
by such
coutts
ol
jurisdictlon
over
lhem
person-
ally. No
action by
either
parly
arising oul of or
relating to
lhis
conlracl
(including
any
aclion based upon
principles
of
contracl, lort or
olherwíse) may be
commenced
more
lhan
one
(1)
year
alter
lhe cause
of aclion has
accrued, and any aclion
commenced by
a
parfy
lhereafler
shall
be dismissed at
lhe
in-
slance
of
lhe olher
parly.