3. TAXES
A. Any tax imposed on the sale of products shall be the responsibility of the Buyer/Sales Rep. Payment of all taxes of any nature whatsoever (except LS's income tax) and, if applicable, all duties, taxes and charges, are the responsibility of the Buyer/Sales Rep. If, as a result of any such sales, delivery, use, or transfer of Equipment by LS or Sales Rep, any such taxes, duties and charges are levied against LS, then Buyer/Sales Rep agrees to pay such taxes, duties and charges, to prepare all required reports in conjunction therewith, and to reimburse, indemnify, and hold LS harmless from all such taxes, penalties, duties, charges, attorney fees and costs incurred by or levied against LS. LS shall have the right at any time to separately bill the Buyer/Sales Rep for any tax LS may have been requested to pay. The only exceptions are shipments within the state of Kansas: a sales/use tax will be charged unless a valid tax-exempt certificate, prior to shipment, is provided to LS.
4. WARRANTY
A. LS Industries, Inc., (“LS") warrants for a period of twelve months from date of shipment by LS to the original purchaser (“Buyer") that Equipment manufactured by LS will be free from defects in materials and workmanship when installed and operated in accordance with the instructions in the Equipment manual. This Warranty does not cover any failure due to: accident; modification; tampering; abuse; normal wear and tear; shipping damage; deterioration or wear occasioned by chemicals, abrasion, corrosion or erosion; improper erection, operation, or maintenance; abnormal conditions of temperature or dirt; or operation of the Equipment above rated capacities or in an otherwise improper manner.
B. If within the one-year warranty period LS receives written notice at 710 E. 17th Street, Wichita, Kansas, 67214, USA, promptly after discovery by Buyer of any defect in material or workmanship in the Equipment warranted by LS herein, LS shall, at its sole option/discretion, either replace (FOB LS's plant), or repair any defective part(s). If the defective part has a limited useful life, a charge for the replacement part will be prorated according to the amount of wear.
C. LS shall not be responsible for work done, materials furnished, or repairs made by others unless agreed to in writing after the proposed remedies have been made known to it. Buyer agrees to use reasonable care in the operation and maintenance of Equipment provided in accordance with the instructions in the Equipment manual.
DISCLAIMER OF IMPLIED WARRANTIES
D. THE FOREGOING LIMITED WARRANTY IS THE SOLE WARRANTY MADE BY LS. LS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANT-ABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE FACE HEREOF, AND LS HEREBY DISCLAIMS ALL SUCH WARRANTIES.
E. UNDER NO CIRCUMSTANCES SHALL LS BE LIABLE TO BUYER OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF TIME, AND LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, OR OTHERWISE.
F. Any equipment or components thereof that are not manufactured by LS, carry only the warranties given by the respective manufacturers thereof which warranties, LS will make available to Buyer to the extent permissible without recourse to LS. |
