Gill Battery Model 7035-28

LIMITED WARRANTY. Seller warrants that all Goods delivered under Buyer‟s Order shall be free from defects in material and workmanship, and conform to Seller‟s specifications for a period of twelve (12) months from the date of original shipment. Seller warrants all Services for ninety (90) days after completion unless otherwise mutually agreed under a separate Service contract. This warranty does not apply to any Goods that, upon examination by Seller, are found to have been (i) mishandled, misused, abused, or damaged by Buyer or Buyer‟s customer, (ii) altered from their original state, (iii) repaired by a party other than Seller without Seller‟s prior written approval, or (iv) improperly stored, installed, operated, or maintained in a manner inconsistent with Seller‟s instructions. This warranty does not apply to defects attributed to normal wear and tear. Seller, at its sole option, shall either repair or replace defective Goods, or issue Buyer a credit for the original price of the defective Goods. In the case of defective Services, Seller shall re-perform such Services. Such repair, replacement, credit, and re-performance by Seller shall be Buyer‟s sole remedy for defective Goods and Services. Under no circumstances is Seller liable for recall, retrieval, removal, dismantling, re-installation, redeployment, or re-commissioning of any defective Goods or any costs associated therewith including, but not limited to, any subsea work performed below the waterline, heavy lift operations, or the transportation to or from offshore locations. Consumables obtained from third parties shall bear the warranty of their manufacturer. The warranty period for repaired or replaced Goods or re-performed Services shall be the unexpired portion of the original warranty period. THESE EXPRESS WARRANTIES, INCLUDING THE REMEDIES SET FORTH HEREIN, ARE EXCLUSIVE AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE TO ANY MILITARY OR OTHER GOVERNMENT SPECIFICATIONS, FEDERAL ACQUISITION REGULATIONS, OR OTHER GOVERNMENT PROCUREMENT STANDARDS, IS INTENDED OR GIVEN. IN THE CASE OF GOODS OTHER THAN THOSE OF SELLER‟S OWN MANUFACTURE, SELLER MAKES NO WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED.

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