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Terms and Conditions, Privacy Policy & Warranties and Limitations

Terms and Conditions

DEFINITIONS

“Seller” is defined as Watts Steam Store & Subsidiaries.

“Customer” is defined as person or entity purchasing goods or service from Seller.

“Agreement” is defined as Terms and Conditions contained herein.

“EXW” (Ex Works) refers to international shipments; is an international trade term that describes an agreement in which the seller is required to make goods ready for pickup at his or own place of business. Exact definition differs by jurisdiction.

“FOB” is defined as Freight on Board, shipping point.

GENERAL – These terms and conditions of sale and warranty, and the Sellers Quote or Order Acknowledgement to which they have been incorporated by reference, shall constitute the final, complete and exclusive statement of this contract and may not be modified or rescinded, except by a written instrument signed by the parties. As an offer, the Sellers Quote or Order Acknowledgement expressly limits acceptance to these terms and conditions. As an acceptance of the Customer’s offer, this acceptance is expressly conditioned on the Customer’s assent to any additional or different terms contained herein. As a confirmation of an existing contract, the parties agree that the Sellers Quote or Order Acknowledgement and these terms and conditions of sale and warranty constitute the final, complete and exclusive terms and conditions of the contract between the parties. Any varying, differing or additional terms and conditions contained in the Customer’s purchase order, request for quotation or elsewhere in any other document shall not be binding upon the Seller.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY See Warranties and Limitations (Separate Document)

PRICES/TAXES

Prices quoted by Seller in the quotation are:

  1. Subject to change without
  2. Exclusive of all Federal, State, Municipal or other Government Excise Sales Use, Occupational or like taxes now in force or to be enacted in the
  3. Subject to an increase equal in amount to any tax Seller may be required to collect to pay upon the sale of the items
  4. Quoted as EXW or FOB.

PRODUCTION ESTIMATES

  1. Production estimates are based on Seller’s analysis and understanding of the work to be performed and assume various production factors including normal working conditions and the use of materials which conform to: (i) the specification contained herein, (ii) the specifications and supply of goods (iii) the standards of the It is therefore EXPRESSLY UNDERSTOOD THAT PRODUCTION ESTIMATES ARE NOT GUARANTEED.
  2. Work tolerances, if any, to be obtained by the Goods are based on Seller’s assumption that the material to be processed will have been properly processed through all previous operations, inspections and will be of quality standard, which will not impede achievement of the quoted
  3. Seller’s obligation with respect to production estimates shall be fully and completely satisfied when Customer has provided documentation of approval.

SHIPPING/DELIVERY ESTIMATES

  1. Any shipping date expressed is approximate and dependent upon prior sales and circumstances beyond Seller’s
  2. The Shipping date will be computed from the date of receipt of all data required to enable complete engineering or acceptance of purchase order as provided in the Acceptance paragraph above, whichever is
  3. Seller shall not be liable for damages or delays in performance due to circumstances beyond its reasonable control, including without limiting the generality of the foregoing, any priority system established by any agency of the United States Government, acts of God, accidents, strikes, insurrections, war, shortage of materials, lack of transportation and failure of performance of subcontractors or suppliers for similar reasons. Failure of Seller to perform for these reasons shall not be grounds for Customer’s cancellation of its order but the delivery date shall be extended accordingly and Seller will notify Customer of the causes of the anticipated Customer’s receipt of the Goods, upon their delivery, waives all of Customer’s claims for delay. Damages under this section are limited to the terms of the Limitation of Liability section.
  4. Seller shall have the right to select the carrier unless the carrier is designated by Customer and upon delivery of the Goods by Seller to the carrier, the carrier shall be deemed to be the agent of Customer and thereafter risk of loss shall be on Customer.
    1. Inspections/Acceptance – Customer shall be responsible for thoroughly inspecting each shipment of products upon receipt.
    2. Partial shipments – Unless otherwise stated, Seller reserve the right to partial ship and bill accordingly.

IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OCASIONED BY DELAYS WHETHER OR NOT SUCH DELAYS ARE BEYOND SELLER’S CONTROL.

PAYMENT/TERMS

  1. Customer, if credit terms have been established, agrees that invoices are due within the terms established at time of order.
  2. Customer, without credit terms established, agrees to pay invoice at time of purchase.
  3. Interest may be charged at the rate of two percent (2.0%) per month or the maximum rate allowed under state law, if it is a lesser number, on any payments which are not received by the due date. Any expenses of collection, including reasonable attorney’s fees, shall be borne by Customer.
  4. International transaction payments shall be made via wire transfer, prior to shipment of product.
  5. Seller reserves the right to modify these terms for international business and special projects.

SPECIAL ORDERS

Customers that do not have credit terms with Seller, agree that Special Order parts are to be prepaid when order is placed and all shipping costs incurred with the order will be invoiced at delivery of said special order.

PROPERTY AND PATENT RIGHTS

  1. Seller retains for itself any and all property rights, including but not limited to all patent, copyright, and trade secret rights, to the Software Materials and to all designs, engineering details, documentation, and other data pertaining to any equipment designed in connection herewith and to all right of discovery, invention or patent rights arising out of the work done in connection herewith. Customer expressly agrees that it will not assert any property rights herein, except the right for itself and subsequent owners to use the equipment.
  2. Seller grants Customer a nonexclusive and nontransferable license to use one copy of the Software Materials for its own internal purposes for a term of 99 years. Pursuant to such license, Customer shall have the right to copy the Software Materials solely for back-up and archival purposes. Customer expressly agrees that it will not assert any property rights herein, except the right for itself and subsequent owners to use the equipment.
  3. Customer acknowledges that the Software Materials constitute valuable trade secrets of Seller and are unpublished works on which Seller, or Seller’s vendor, holds the sole and exclusive copyright. Customer agrees to maintain and protect the confidentiality of these trade secrets and agrees not to disclose them or use them for any purpose not contemplated by this Agreement. Customer agrees to formulate and adopt appropriate safeguards in light of its own operating activities, to insure protection of the confidentiality of these trade secrets. Customer shall immediately notify Seller of any information which comes to its attention which indicates that there has been any loss of confidentiality of Seller’s trade secret information.

DRAWINGS

Drawings will be provided by Seller only upon special request of Customer and subsequent approval of Seller.

  1. Seller may provide reproducible copies of specification sheets, which list all assemblies and components. Pertinent assembly drawings will be included in the instruction manual.
  2. Seller may provide original layout drawings, complete fixture drawings and lubrication diagrams with related information.

INSTALLATION/FIELD ENGINEER SERVICES

Unless otherwise specifically indicated, the quoted prices DO NOT include the services of Seller’s field engineer to supervise the installation of equipment and instruct the operator in its proper use.

CUSTOMER’S USE AND OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)

  1. It is Customer’s responsibility to provide anything that may be necessary to effectively protect all personnel from all bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the Seller’s products. If supplied or required, the operator’s manual or machine manual, all applicable Safety Standards, OSHA regulations, other sources and other applicable regulations should be consulted to protect personnel.
  2. The proposed equipment or goods may not be used without all recommended or included safety devices.

RETURNS

Return of merchandise must be authorized in writing by Seller, have Seller’s “Return Merchandise Authorization” (RMA) number and be accompanied by a copy of original packing slip verifying shipment from Seller’s plant or warehouse. Any request to return goods must be made within ten (10) days from the receipt of the goods by Purchaser.

  1. All returns will be subject to inspection. Returns must be in original container and in a resalable condition; no signs of contamination or damage and with no visible signs of having been installed.
  2. Certain products purchased from Seller that has been removed from the original packaging may not be returnable.
  3. Special order parts are subject to vendor return policy and may not be returnable. There will be a 10% return fee on the part(s) in addition to any vendor return fees if the part is returnable. Return freight charges from Seller to manufacturer will be applied.
  4. There will be no returns on any parts after 30 Days from purchase.
  5. There will be no refunds on freight charges.

CANCELLATION

Non-Cancellable and Non-Returnable items may only be returned or cancelled upon the express written approval of Seller. If no such approval is granted, Customer remains responsible for payment of any and all invoices relating to such items. Any customized fabricated system sold to Customer shall be non-cancellable, non-returnable. In the event Seller grants Customer cancellation of an order or any part thereof, cancellation charges shall be paid by Customer to Seller as follows:

  1. Any and all work that is complete or scheduled for completion within thirty (30) days of the date of cancellation granted by Seller shall be invoiced to Customer and paid in full.
  2. For work-in-process, other than covered by item a) above, and any materials and supplies procured, or for which definite commitments have been made by Seller in connection with Customer’s order, the Customer shall pay the actual costs and overhead expenses determined in accordance with Seller’s normal accounting practices, plus a minimum of fifteen percent (15%), upon invoicing.
  3. All cost of storage, insurance, hauling, boxing or other costs in connection with material owned by Customer but on hand at Seller’s premises on account of cancellation shall be borne by the Customer.

FOREIGN PRINCIPAL PARTY IN INTEREST; FREIGHT FORWARDER AND DOCUMENTATION (EX-WORKS)

It is specifically agreed that the Customer shall be the foreign principal party in interest and/or that its freight forwarder shall act as Customer’s agent in such capacity for Export Administration Act or other applicable purposes; and Customer and freight forwarder shall assume responsibility for all export or routed transactions documentation. At Seller’s request, Customer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by Customer or its freight forwarder related to sales to them by Seller.

PERMITS, EXPORT, AND IMPORT LICENSES

Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation and/or under the Export Administration Regulations, International Traffic in Arms Regulations, Toxic Substances Control Act, or other applicable laws or regulations.

EXPORT CONTROLS AND RELATED REGULATIONS

Customer represents and warrants that it is not on, or associated with any organization on the United States Department of Commerce’s Bureau of Industry and Security’s Denied Persons List or Unverified List; or the United States Department of the Treasury’s Office of Foreign Assets Control lists, Specially Designated Nationals, Specially Designated Global Terrorists, Specially Designated Narcotics Traffickers, Specially Designated Narcotic Traffickers-Kingpin, or Specially Designated Terrorists List; or the United States Department of State’s Designated Foreign Terrorist Organizations, Embargoed Countries list, or Debarred Persons List; or is subject to a denial order issued by the United States Department of Commerce. Customer shall comply with all relevant laws and regulations of governmental bodies or agencies, including but not limited to all applicable export control laws of the United States or other governing agencies and their successors. CUSTOMER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULATIONS.

COUNTRY OF IMPORTATION AND ANTI-DIVERSION

Customer represents that it is purchasing products from the U.S. and importing them to the country specified in the Customer and Seller documentation. Customer agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the U.S., and that the products will not be directly or indirectly sold, exported, transferred, assigned, used, or otherwise disposed of in a manner which may result in any non-compliance with applicable U.S. laws and regulations relating to the product purchased by Customer. Any commodities, technology and software will be exported from the U.S. in accordance with the U.S. Export Administration Regulations and other applicable laws or regulations. Diversion contrary to U.S. law is prohibited. If requested by Seller, Customer shall provide documentation satisfactory to Seller verifying delivery at the designated country. Customer further agrees to inform Seller at the time of order of any North American Free Trade Agreement or other applicable documentation, packaging or product marking or labeling, but Seller shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents that are necessary under U.S. export laws and regulations for export, unless Seller expressly agrees, in writing, to do so.

INDEMNIFICATION

  1. Customer agrees to defend, indemnify and hold harmless the Seller, its parent and affiliates, and their officers, agents and employees, against all claims, losses, expense and causes of action of every kind, made or asserted by any third party arising out of, or in connection with this Agreement or the article(s) sold hereunder.
  2. Customer agrees to indemnify Seller for all costs incurred by Seller, including legal fees and court costs, as a result of any claim brought against Seller arising from Customer’s conduct, including, but not limited to, Customer’s misuse of the product or, for any custom-designed product, design decisions or product choices made by Customer.

WAIVERS

  1. Customer hereby waives, for itself and for any and all persons who may assert a claim or lien in Customer’s place or stead, whether by subrogation or otherwise, any and all liens or claims of lien against the Seller for payments made by Customer’s Workman’s Compensation insurance carrier to Customer’s employees for injuries alleged to have been caused by any article sold hereunder.
  2. Customer hereby waives, for itself and for any and all persons who may assert a claim or lien in Customer’s place or stead, whether by subrogation or otherwise, any and all claims against Seller for contribution or for indemnity, whether such claims arise under contract, statute, common law, or otherwise.

U.S. FOREIGN CORRUPT PRACTICES ACT

Customer states that it is an independent contractor, and represents, warrants, and covenants that it has not paid, offered or agreed to pay, authorized the giving of, or caused to be paid, directly or indirectly, money or anything of value to any foreign official (as defined in the U.S. Foreign Corrupt Practices Act, as amended), in connection with the purchase and resale of the products ordered from Seller.

APPLICABLE LAW

This agreement, and all the rights and obligations hereunder, shall be construed pursuant to the laws of the State of Utah and Idaho.

PRIVACY POLICY

Date: 2/3/2026

This Privacy Policy (“Policy”) describes how Singer Equities, Inc., a Virginia corporation, and its subsidiaries, affiliates, and related companies collectively, “Company”, “we”, “our”, or “us”) collects, processes, retains, and discloses personal data about you through our website(s), application(s), product(s), and service(s) (collectively, “Services”) and our practices for using, maintaining, protecting, and disclosing such information.

This Policy applies to information we collect through the Services or in related communications, including e-mail, text messages, chat, and other electronic messages.1 We may have or implement additional or different privacy policies other than this Policy that are specific to certain users, customers, features, services, or activities.

By using or interacting with our Services or providing us with your information, you agree to the collection, use, and sharing of your information as described in this Policy. We reserve the right to update this Policy at any time, and we will provide notice of any such changes as required by law. The date the Policy was most recently updated is identified at the top of the page, which is noticeto you of any update to the Policy. You acknowledge and agree that it is your responsibility to review the Policy periodically and to be aware of any updates. Your continued use of the Services after such updates constitutes your acknowledgement of the modified Policy and agreement to abide and be bound by such modified Policy.

Personal Data That We Collect or Process

“Personal data” or “personal data” is information that identifies, relates to, or describes, directly or indirectly, you as an individual, such as your name, e-mail address, telephone number, home address, or payment information (for example, account information such as name, postal address, and e-mail address, credit card number, social security number, or any other identifier we may use to contact you online or offline). If required under applicable law, we will collect and process personal data constituting sensitive data only with your consent. If you choose not to provide or allow us to collect such information, we may not be able to provide you with certain features, services, or information.

  • The types and categories of personal data we collect or process include2:
  • Account and contact information, including name, address, e-mail address, phone number, and other contact information you provide us.
  • Payment information, including information about credit cards, debit cards, electronic payments, and other payment methods.
  • Account history, including information about your account, transactions, purchases, or order history.
  • Demographic information, including your age, gender, income level, education, or family or marital status.
  • Location information, including general geographic location such as country, state or province, or city.
  • Device information, including your IP address, device identifiers, operating system and version, preferred language, hardware identifiers, browser type and settings, and other device information.
  • Content and information you elect to provide as part of your profile or in any reviews or feedback you make through the Services or e-mails, chats, or other communications sent to us.
  • Identity document information, such as Social Security and driver’s license numbers.

We also collect non-personally identifiable information, including3:

  • Statistical or aggregated data that does not directly identify a specific person, from which we may derive from personal data. For example, we may aggregate personal data to calculate the percentage of users accessing a specific Services feature.
  • Technical information about your internet connection and usage details about your interactions with the Services, such as clickstream information (including date and time), products that you view or search for, page response times, download errors, length of your visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away from a page.

If we combine or connect non-personal statistical or technical data with personal data so that it directly or indirectly identifies an individual, we treat the combined information as personal information.

You may make requests to access and correct your personal information and privacy preferences by writing us at the information set forth below under “Contact Information”.

Children’s and Minors’ Data

Our Services are not intended for, and we do not knowingly collect any personal data from, children under the age of 18. If we learn we have collected or received personal data from a child under 18 years old without verification of parental consent, we will delete that information.

How We Collect Your Personal and Other Data

We collect information about you when you interact with our Services, such as when you create or update an account, place an order or make a purchase, participate in surveys or promotions, or create, upload, download, or post content via the Services.

In order to improve our Services and to deliver a better and more personalized experience, we may use automatic data collection technologies to collect information that may include personal data. Information collected automatically may include usage details, IP addresses, operating system, and browser type, and information collected through cookies, web beacons, and other tracking technologies, including details of your interactions with our Services, such as traffic data, location data, logs, and other communication data, and which resources and Services features that you access and use. You may opt out from use of some or all these automated technologies, or to receive an alert you when these files are being sent, through your browser settings, though this may impact your ability to use some Services features as a result. We may also use these automatic collection technologies to collect information about your online activities over time and across third-party sites or other online services, which is commonly known as behavioral tracking.

When you interact with the Services, third parties may collect or use automatic collection technologies to collect information about you or your device. These third parties may include advertisers, ad networks, ad servers, analytics companies, device manufacturers, and internet or mobile service providers. These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal data or they may collect information, including personal data, about your online activities over time and across different websites, apps, platforms, and other online services. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

We may receive personal data about you from other sources and use that data independently or combine it with information we collect directly from you. For example, we may obtain information about you from service providers that we engage to perform services on our behalf, such as payment processors. We also may receive personal data from service providers that we engage to share consumer information with us, including your personal preferences and demographic information such as age, gender, and income level.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal data, to:

  • Provide you with the Services and any contents, features, information, products, or services that we make available through the Services.
  • Fulfill and manage purchases, orders, deliveries, payments, returns, and exchanges.
  • Communicate with you about appointments, events, and updates.
  • Improve or modify our Services, including by analyzing your information and creating aggregated data derived from your information to develop, maintain, analyze, improve, optimize, measure, and report on our Services and their features and how users interact with them. Our analysis may include the use of technology like artificial intelligence, machine learning, and large language models, which may include training these models or sharing with third parties for training.
  • Fulfill our obligations and enforce our rights arising from any agreements, including for billing and collection.
  • Notify you when Services updates are available and about changes to any products or services we offer or provide through them.
  • Engage in or evaluate potential corporate transactions, such as for mergers, acquisitions, reorganizations, and other corporate transactions.
  • Contact you about goods and services that may be of interest to you.

Disclosure of Information

We may disclose aggregated information, and information that does not identify any individual, without restriction. We may also disclose personal data: (i) with third-party service providers who perform services on our behalf, such as payment processing, website hosting, and data analysis; (ii) if required by court order, legal process, law, or in response to valid requests by public authorities, governmental authorities, or regulatory agencies; (iii) in the interest of safety or to protect rights and property; and (iv) with your consent.

State Privacy Rights

Depending on your state of residency, you may have certain rights related to your personal data, including:

  • Access and Data Portability. You may confirm whether we process your personal data and access a copy of the personal data we process.
  • Correction. You may request that we correct inaccuracies in your personal data that we maintain, taking into account the information’s nature and processing purpose.
  • Deletion. You may request that we delete personal data about you that we maintain.
  • Opt Out. You may request that we do not use your personal data for targeted advertising, profiling, and sales.

To make a request regarding the above-mentioned rights, please submit your request to privacy@singerindustrial.com. To appeal a decision regarding a request, please submit your request to privacy@singerindustrial.com.

The exact scope of the above-mentioned rights and exceptions thereto vary by state law, and accordingly, we may have no obligation under applicable law to fulfill your request.

How We Protect Your Personal Data

We use commercially reasonable administrative, physical, and technical measures designed to protect your personal data from accidental loss or destruction and from unauthorized access, use, alteration, and disclosure. However, no website, mobile application, system, electronic storage, or online service is completely secure, and we cannot guarantee the security of your personal data transmitted to, through, using, or in connection with the Services. Specifically, e-mail, text messages, and other electronic messages may not be secure, and you should carefully decide what information you send to us via such communication channels. Any transmission of personal data is at your own risk. The safety and security of your information also depend on you. You are responsible for taking steps to protect your personal data against unauthorized use, disclosure, and access.

How We Retain Your Personal Data

We keep the categories of personal data described in this Policy for as long as reasonably necessary to fulfill the purposes described or for as otherwise legally permitted or required, such as maintaining the Services, operating our organization, complying with our legal obligations, resolving disputes, and for safety, security, and fraud prevention. This means that we consider our legal and business obligations, potential risks of harm, and nature of the information when deciding how long to retain personal data. At the end of the retention period, personal data will be deleted, destroyed, or deidentified.

Contact Information

To exercise your rights, assert a complaint, or ask questions about this Policy or our privacy practices, please contact us at:

Singer Equities, Inc.
10704 Composite Dr.
Dallas, TX 75220
privacy@singerindustrial.com

Warranties & Limitations

DEFINITIONS

“Seller” is defined as Watts Steam Store & Subsidiaries.

“Customer” is defined as person or entity purchasing goods or service from Seller.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY & FITNESS FOR A PARTICULAR PURPOSE.

  1. Seller hereby assigns to Customer any rights it may have under any warranty extended by a third party covering a product or component sold by Seller to Customer. Materials manufactured by others and resold by Seller do not carry any additional warranty by Seller.
  2. Seller shall not be liable under any circumstances for consequential, incidental, indirect or remote damages. No claim by Customer hereunder, whether relating to goods delivered or for non-delivery, shall be greater than the purchase price of the goods in respect to which such claim is made.
  3. Any “custom conversion” or adaptation hereunder is pursuant to the Customer’s specific request, and the Seller shall bear no risk of loss resulting therefrom.
  4. Seller’s warranty shall not apply to any product or component which has been repaired, modified or altered outside of Seller’s locations in any manner or has been installed or used in a manner contrary to the original manufacturer’s printed instructions and specifications. In the event Customer modifies the goods sold hereunder without the express written consent of Seller, Customer agrees to indemnify and hold Seller harmless from any and all claims, demands, actions or causes of action or costs or expenses incurred thereby.
  5. Customer is solely responsible for the design, selection and application of fabricated equipment, products, components and materials purchased from Seller. Any drawings, specifications, or information prepared by or furnished by Seller are for reference purposes only, and Seller makes no warranty or representations concerning the accuracy of such materials or information. Seller takes no responsibility for the design, selection and application of products, components and materials purchased by Customer.
  6. The foregoing limitations on Seller’s liability shall also be the absolute limit of Seller’s liability for negligence or defect in the service, manufacture, installation, fabrication or other action with respect to the articles sold hereunder.
  7. Seller has made preliminary tests of any software included within this order, to assure that any computer programs and documentation, part programs, programming manuals and the like (herein called “Software Materials”) supplied to Customer are operative for the purposes intended. However, because users of Software Materials may employ them in applications outside the scope of those originally contemplated, and because defects in Software Materials cannot with absolute certainty be detected and removed prior to actual machine or equipment operation, within six months from the date of delivery to Customer of any item of Software Materials, Seller will supply free of charge a corrected version of that item under the following conditions: (i) only if the Customer provides Seller with a detailed description of the problem or difficulty which has been experienced and (ii) only if the correction does not entail the creation of new Software Materials to serve a function not intended to be served by the original Software Materials. Customer shall have no rights under this subparagraph in the event if any changes are made or attempted to be made, in any Software Materials by Customer.
  8. Any fabricated product, fabricated part thereof, or any goods in which a product has been installed covered by a quotation or sale which, under normal Seller standard operating conditions on the part of the Customer proves defective in material or workmanship within one (1) year from the date of Invoice by Seller, as determined by an inspection by Seller, will be replaced or repaired, at Seller’s option, at Seller’s facility, free of charge provided that Customer promptly sends to Seller notice of the defect and establishes that the product has been properly installed, maintained and operated within the limit of rated and normal usage. This warranty, as it relates to electronic control units, only applies if the Customer has in its employ qualified maintenance personnel. Components purchased by Seller are warranted by and in accordance with the individual manufacturer’s warranties, if any, not those of Seller. If an article is claimed to be defective in material or workmanship or not to conform to specifications, Seller, on written notice, shall at Seller’s option either examine the article at its site or issue authorization for return to Seller. In the event such article is returned to Seller, Customer shall be solely responsible for all costs and expenses associated with such shipment and Customer shall bear risks of loss or damage to goods while in transit. In the event an article within a component is determined to be covered under a third party warranty, Customer shall be responsible for all freight charges not covered by third party, and agrees that Seller may invoice for said charges. Articles not warrantable will be held for a period not to exceed fifteen (15) days pending disposition by customer.
  9. Any service for repair shall be free from defects in material and workmanship for a period of 90 days from date of sale. Customer shall make such defective item available for inspection by Seller and, if so directed by Seller, shall return to Seller said item, free of debris, with transportation charges prepaid. In no event shall Seller be liable for any incidental, consequential or special damages of any kind or nature whatsoever, including but not limited to loss of profit arising from or in any way connected with said service or repair, whether alleged to arise from breach of contract, expressed or implied warranty, or in fact, including without limitation, negligence, or strict liability.
  10. All products serviced for free or goodwill, but not warranted, will have a 60-day warranty, from date of service, that covers assembly only.

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