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McKinley Service & Equipment, Inc. Quote #3232 - Terms & Conditions (e) Access to Equipment: SE and City of nalaska shall provide access to equipment to SE and ElectraTherm’s representatives for inspections and warranty work. (f) Preservation of Warranty: Removing serial numbers, patent markings, paints, seals or other devices will result in loss of warranty as described in this section. Attempts to make, modify, translate, reproduce, reverse engineer, disassemble, assemble, prepare derivative works, or otherwise use any Products or Components, equipment or other materials provided by SE in whole or in part, without the express prior written consent of SE, will result in loss of warranty. (g) Estimated Product Output: City of nalaska acknowledges that temperatures and flows of heat and condensing cycles, as well as ambient conditions and other variables, at installation sites may vary and will affect power output from Product. Therefore, the amount of power produced by Product will not, in itself, be cause for a warranty claim. (h) Extended Warranty: At City of nalaska’s request and at the discretion of SE, City of nalaska may purchase extended warranty pursuant to a separate written agreement. (i) Warranty Service. If Products qualifying for warranty service require SE personnel to travel to installation site to effect warranty service, SE will pay for such travel and expense, and parts and labor, unless the “warranty” work is found to not be a true warranty issue. If the “warranty” work is found to be caused by misuse, abuse, faulty repair, alteration etc. City of nalaska will compensate SE for such travel and other expenses plus work performed on-site based on SE’s standard rates at the time of service. City of nalaska’s exclusive remedy and SE’s total liability for breach of any warranty under this Agreement and any and all losses and damages arising out of any cause related to the Products will be the repair, replacement or refund of such Product. (J) DISCLAIMER. E CEPT AS SET FORTH HEREI , SE DISC AI S A WARRA TIES, WHETHER E PRESS, I P IED OR STAT TOR , I C DI , WITHO T I ITATIO , THE I P IED WARRA TIES OF ERCHATABIIT,FITESSFORAPARTIC ARPRPOSEAD O I FRI E E T,A DA WARRA TIESTHAT A ARISEFRO CO RSE OFDEA I ,CO RSEOFPERFOR A CEOR SA EOFTRADE. SE EITHER ASS ES, OR A THORI ES A OTHER PERSO TO ASS E FOR IT, A OTHER IABI IT I CO ECTIO WITH THE PROD CTS, I C DI , WITHO T I ITATIO , IABI IT ARISI O T OF THE DE I ER OR SEOFTHEPROD CTS. () LIMITATIONOFLIABILITY. I OE E TWI SEBE IAB ETOCIT OF A AS AORA THIRDPART DERA E A THEOR FORA IDIRECT, SPECIA, ICIDETA, COSE ETIA OR P ITIE DA A ES, OR A DA A ES FOR OSS OF PROFITS, RE E E, B SI ESS, SA I S, DATA OR SE I C RRED B CIT OF A AS A OR A THIRD PART , E E IF SE HAS BEE AD ISED OF THE POSSIBI IT OF S CH DA A ES. OTWITHSTA DI A OTHER PRO ISIO OF THIS A REE E T, A D TO THE F EST E TE T A OWED DER APP ICAB E AW, E CEPT WITH RESPECT TO IABIIT FORPERSOA I R CASEDB APRODCTDEFECT, SE’S A RE ATE IABI IT TO CIT OF A AS A OR A THIRD PART FORC AI SRE ATI TOTHISA REE E TA DITSS B ECT Page 13 of 31PDF Image | Powerhouse Exhaust Gas Waste Heat to Energy Project
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