SpectraVAC LLC, Inc. warrants that the equipment to be delivered will be free from defects in material and
workmanship.
Should any failure of conformity to this warranty appears within warranty period, SpectraVAC LLC, Inc.,
shall upon immediate notification of such alleged failure and substantiation that the equipment has been
operated and maintained in accordance with manufacture’s recommendations and standard industry
practices, correct such defects by suitable repair or replacement at SpectraVAC LLC, Inc. expense.
SpectraVAC LLC, warranty shall cease if any major repair to or any replacement or modification of the
equipment is made by any person other then SpectraVAC LLC, Inc. personnel or persons working under
the supervision of SpectraVAC LLC, personnel, unless authorized by SpectraVAC LLC, Inc. in writing.
Further, the warranty shall cease unless the Buyer has operated the equipment in strict compliance with
operating instructions and manuals, if any, provided for the equipment, and unless Buyer operates the
equipment in normal use and with proper maintenance.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY AND ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF
QUALITY, EXCEPT THE WARRANTY OF TITLE. THIS WARRANTY CONSTITUTES THE
EXCLUSIVE REMEDY, and shall not be deemed to have failed of this essential purpose so long as
SpectraVAC LLC, is willing and able to correct defects covered by the warranty in the manner prescribed.
The sole purpose of the exclusive remedy shall be to provide Buyer with free repair and/or replacement in
the manner and for the time period provided herein.
The entire agreement between the parties is embodied in this writing, which constitutes the terms of the
agreement. No other warranties are given beyond those set out in this writing.
LIMITATION OF LIABILITY SpectraVAC LLC, Inc., SHALL NOT, UNDER ANY
CIRCUMSTANCES, BE LIABLE FOR DIRECT OR INDIRECT, SPECIAL DAMAGES, INCIDENTAL
OR CONSEQUENTIAL, such as but not limited to , loss of profits, damage to or loss of other property,
downtime costs of the equipment, delay expenses, overhead or capital costs, claims of Buyer’s customers
or activities dependent upon the equipment.
Except to the extent provided in the LIMITED WARRANTY, SpectraVAC LLC, Inc. shall not be liable for
any claim or loss arising out of or related to this agreement or the equipment provided pursuant thereto,
whether such claim allegedly arises or is based on contract, warranty, tort (including negligence), strict
liability in tort or otherwise. Liability shall not in any event exceed the cost of the equipment upon which
such liability is based.
If any portion or clause of this agreement is held invalid or unenforceable as to any person or under any
circumstances, the invalidity or lack of application shall not impair or affect the other provisions and the
application of those provisions which can be given effect without the invalid or unenforceable provision or
application. With this intention, the provisions of this agreement are declared to be severable.
