Kaman Industrial Technologies Corporation (“Seller”) expressly warrants to its original customer (“Purchaser”) that all Trans-Power® Cast Iron Frame Electric AC Motors shall be free from defects in materials and workmanship from the date of the Kaman Industrial Technologies Corporation’s invoice for a period of 36 months unless otherwise specifically communicated.
If within the applicable warranty period, Customer discovers any defects in the materials or workmanship of any of the Products and promptly notifies Kaman Industrial Technologies Corporation in writing of such defects and returns the defective items or provides evidence of disposal of such items at the option of Kaman Industrial Technologies Corporation shall repair or ship a replacement for the defective item or at Kaman Industrial Technologies Corporation’s sole option refund to Customer the purchase price for each defective item. This warranty shall not apply to any of the following: (a) Products that have been repaired or altered by anyone other than Kaman Industrial Technologies Corporation; (b) Products having components purchased from anyone other than Kaman Industrial Technologies Corporation.; (c) Products that have been damaged by negligence or accident or by other circumstances beyond the reasonable control of Kaman Industrial Technologies Corporation; or (d) Products that have been improperly operated, maintained, serviced, or stored, or that have been subjected to abnormal conditions of operation, maintenance, service, and storage not in conformity with manufacturer’s written instructions concerning operation, maintenance, service, and storage. In no case whatsoever, including justified warranty claims, is Customer entitled to retain payments due, except upon the written consent of Kaman Industrial Technologies Corporation with respect to undisputed claims.
Kaman Industrial Technologies Corporation shall reserve the right to have, at its expense, any “defective” motor shipped to a qualified EASA shop for inspection. If upon inspection the motor is found to fit any of conditions a, c or d as noted above, the customer will be invoiced the full price of the replacement motor supplied to them including applicable shipping costs and customer will retain ownership of the defective motor. Customer may, at their expense, request further inspection of the motor by a second qualified EASA shop to confirm or contradict the findings of the first.
THE FOREGOING LIMITED WARRANTY DOES NOT INCLUDE REIMBURSEMENT TO CUSTOMER FOR ITS COSTS AND EXPENSES OF TRANSPORTATION, FREIGHT, LABOR, REMOVAL, OR OTHER EXPENSES THAT MIGHT BE INCURRED IN CONNECTION WITH CUSTOMER’S RETURNING THE DEFECTIVE ITEMS TO KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION OR IN CONNECTION WITH KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION SENDING TO CUSTOMER ANY REPAIRED OR REPLACED ITEMS. IN NO EVENT SHALL KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION OR KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION EMPLOYEES OR REPRESENTATIVES BE LIABLE TO CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, CONTINGENT, EXEMPLARY, OR INCIDENTAL DAMAGES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PRODUCTION, DOWN TIME, OR BUSINESS INTERRUPTION), WHETHER CAUSED BY OR RELATED TO ANY DEFECTIVE PRODUCTS OR ARISING FROM THE FOREGOING WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY. IN ALL EVENTS, THE LIABILITY OF THE KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION, WHETHER BASED IN TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE PRICE OF THE DEFECTIVE PRODUCTS IN QUESTION OR WITH RESPECT TO WHICH SUCH BREACH, DEFAULT, OR NEGLIGENCE IS CLAIMED. CUSTOMER ACKNOWLEDGES THAT THE REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.