SIEMENS BUILDING TECH 1 -2003 - Laserfiche WebLink

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Section 7. WARRANTY. A. Contractor expressly warrants that all electronic ballast are free from defect and will operate for five years without failure provided said equipment is operated according to Contractor and manufacturer specifications. Contractor expressly warrants that all T 8 Ultra Fluorescent Lights are free from defect and will operate for three years without failure provided said equipment is operated according to Contractor and manufacturer specifications. Contractor expressly warrants that all air conditioning compressors are free from defect and will operate for five years without failure provided said equipment is operated according to Contractor and manufacturer specifications. B. Contractor wan'ants for one year from Acceptance Date, that all equipment manufactured by Contractor or nameplate shall be free from defects in material and workmanship which arise from normal use or service, provided the equipment is properly operated in accordance with Contractor's instructions. If any equipment should prove defective in this warranty, Contractor will at Contractor's option, repair, replace, or issue credit for any such item. For materials furnished but not manufactured by Contractor nor bearing Contractor's nameplate, Contractor will extend the same warranty Contractor received from the manufacturer. C. This express warranty is in lieu of and excludes all other warranties, guarantees, or representations, expressed, or implied including warranties ofmemhantability or of fitness for a particular purpose. D. Customers remedies with respect to express warranties shall be limited exclusively to the fight of repair, replacement or credit of such equipment. Section 8. LIMITATION OF WARRANTIES. Contractor has provided Customer with certain written limited warranties with respect to the FIM's in section 7 above. Except for such limited warranties in this Agreement, Contractor makes no warranty of any kind or nature, express or implied, relating to the FIM's or its performance or the installation and service thereof. No assignee(s) of the contractor to this agreement may make warranties of any kind or nature, express or implied, relating to the tim's or the performance or the installation and service thereof. THE FOREGOiNG IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY CONTRACTOR. CONTRACTOR EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE iN RELATION TO THIS AGREEMENT. Section 9. LIMITATION OF LIABILITY. Contractor shall indemnify and save harmless and defend the Customer, its employees or agents from any and all losses, claims and expenses for injury to persons or damage to property arising out of activities of Contractor while present upon the property of the Customer or otherwise arising under from Contractors performance of this Contract, except for such injury or damage as is caused by active negligence or willful misconduct by the Customer, its employees or agents.