Product Manual

Warranty and Limitation of Remedies and Disclaimer
(1) Fountain warrants the Equipment to be free from defects in material and manufacture and to conform to specifications for the Equipment at the time of shipment. This warranty is applicable
only if the Equipment is installed, operated and maintained in accordance with factory recommendations and procedures. If any Equipment fails to conform to the specifications or samples or
any defect in material or manufacture appears within twelve (12) months from the date of shipment, Fountain’s entire liability, and Customer’s exclusive remedy, shall be, at Fountain’s option,
either to repair or replace such defective Equipment within a reasonable time after written notification thereof and return of the defective Equipment to Fountain.
(2) THIS WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF
MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING OR
OF PERFORMANCE, CUSTOM OR USAGE OF TRADE EXCEPT OF TITLE AND AGAINST PATENT INFRINGEMENT.
(3) LIMITATION OF LIABILITIES; TIME LIMIT FOR FILING ACTION. NEITHER PARTY SHALL UNDER ANY CIRCUMSTANCES BE LIABLE TO EACH OTHER FOR
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, LOSS OF PROFITS, REVENUE OR BUSINESS) RESULTING FROM OR IN ANY WAY RELATED TO THE EQUIPMENT, ANY OF CUSTOMER’S PURCHASE
ORDERS, THESE T’S AND C’S OR THE TERMINATION OR NONRENEWAL THEREOF.
FOUNTAIN’S LIABILITY ON ANY CLAIM OF ANY KIND (INCLUDING NEGLIGENCE) FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM THIS
AGREEMENT, OR FROM THE PREFORMANCE OR BREACH THEREOF, OR FROM THE EQUIPMENT FURNISHED HEREUNDER SHALL IN NO CASE EXCEED THE PRICE
OF THE SPECIFIC EQUIPMENT WHICH GIVES RISE TO THE CLAIM. ALL SUCH LIABILITY SHALLTERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD AS
STATED.
This limitation applies of whether such damages are sought based on breach of contract, negligence, strict liability in tort or any other legal theory.
(4) Any action for breach of warranty or any other obligation under these T’s and C’s must be commenced within one year from the purported date of breach. (5) Each limitation on liability or
limited or exclusive remedy set forth in these T’s and C’s is independent of any other limitation or remedy and if any such limitation or remedy fails of its essential purpose or is otherwise held
to be unenforceable, that shall not affect the validity of any other such limitation or remedy.
Fountain assumes no liability for any claims for injury or damages to persons or property arising from any chemicals manufactured by Customer or by third party vendors for use in Fountain’s
equipment.
Terms or conditions contained in any Customer purchase order or other similar document that in any manner purport to alter, modify, change or suspend these terms shall be deemed excluded
from such purchase order and waivered by Customer.
Fountain Industries LLC.
922 East 14th St.
Albert Lea, MN 56007
Tel: [phone]
507-373-2351
Fax: [phone]
Email: [e-mail]
Website: WWW.FOUNTAININDUSTRIES.COM