TERMS AND CONDITIONS
MACHINERY WARRANTY STATEMENT
C.R. LAURENCE CO., INC. (“SELLER”) WARRANTS PRODUCTS OF ITS MANUFACTURE TO BE FREE FROM DEFECTS IN MATERIALS OR
WORKMANSHIP IN NORMAL USE FOR (12) MONTHS FROM THE DATE OF SHIPMENT (UNLESS A SHORTER PERIOD IS PROVIDED ELSEWHERE
IN THIS DOCUMENT). SELLER’S OBLIGATION AND BUYER’S EXCLUSIVE REMEDY SHALL BE LIMITED TO REPAIR OR REPLACEMENT, AT
SELLER’S SOLE OPTION, OF DEFECTIVE PARTS WITHIN THE WARRANTY PERIOD, PROVIDED BUYER GIVES SELLER IMMEDIATE WRITTEN
NOTICE OF SUCH ALLEGED DEFECTS, AND, IF REQUESTED BY SELLER, RETURNS THE DEFECTIVE PARTS TO SELLER’S FACTORY PREPAID
BY BUYER FOR SELLER’S INSPECTION. THE WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. SELLER SHALL IN NO EVENT BE LIABLE FOR
CONSEQUENTIAL DAMAGES. WARRANTIES HEREUNDER SHALL NOT APPLY TO ANY EQUIPMENT THAT HAS BEEN DAMAGED BY MISUSE,
NEGLECT, ACCIDENT, OR FAILURE TO PERFORM MAINTENANCE. THIS WARRANTY SHALL BE NULL AND VOID (1) IF THE MACHINE IS USED IN
A MANNER CONTRARY TO INSTRUCTIONS OR AFTER MALFUNCTION IS NOTICED; (2) IF THE BUYER DOES NOT HONOR TERMS OF PAYMENT;
(3) IF THE MACHINE IS MODIFIED OR ALTERED.
EQUIPMENT RESOLD BY SELLER
IN THE CASE OF EQUIPMENT FURNISHED BY SELLER BUT NOT OF SELLER’S MANUFACTURE, SELLER’S LIABILITY TO BUYER HEREUNDER IS
LIMITED TO SUCH WARRANTY AS THE MANUFACTURER MAKES TO SELLER, BUT IN NO CASE GREATER THAN (12) MONTHS FROM DATE OF
SHIPMENT BY SELLER.
LIMITATION OF LIABILITY
SELLER’S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY
OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY
TO PERSONS OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) OR PUNITIVE DAMAGES.
DISPUTE RESOLUTION
ANY DISPUTE BETWEEN THE CUSTOMER AND SELLER SHALL BE SETTLED BY ARBITRATION BETWEEN THE PARTIES, UNDER THE RULES OF
THE AMERICAN ARBITRATION ASSOCIATION, CHICAGO, IL SUCH ARBITRATION SHALL TAKE PLACE IN CHICAGO, IL, USA WITHIN 90 DAYS
AFTER A REQUEST FOR ARBITRATION HAS BEEN FILED BY ONE OF THE PARTIES. BOTH PARTIES IRREVOCABLY CONSENT TO JURISDICTION
IN COOK COUNTY, ILLINOIS.
LAW
ALL CONTRACT AND OTHER CLAIMS (WHETHER BASED ON CONTRACT, TORT, EQUITY, TREATY, OR CODE) WITH RESPECT TO THE
PRODUCTS SOLD AND ALL CLAIMS WITH RESPECT TO THE OPERATION AND USE OF THE PRODUCTS SHALL BE GOVERNED BY, AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, USA. THE SALES CONTRACT SHALL NOT BE GOVERNED BY THE
UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS.
INVALIDITY OF PROVISIONS
IF ANY PROVISIONS OF THESE TERMS AND CONDITIONS ARE HELD TO BE INVALID, ILLEGAL OR UNENFORCEABLE, THE REMAINING
PROVISIONS OF THESE TERMS AND CONDITIONS SHALL NOT IN ANY WAY BE AFFECTED OR IMPAIRED THEREBY.
C.R. Laurence Co., Inc.
Glass Machinery Division
5501 West Ogden Avenue, Cicero, IL 60804, U.S.A.
