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Eastern Rail Systems, Inc. TERMS
Warranties Products manufactured by Eastern Rail have been carefully made and inspected to meet or exceed applicable industry standards and are warranted to be free from defects in design, materials and workmanship during normal specified use. Products manufactured by others shall be exclusively warranted by the manufacturer. Should any goods sold be discovered to fail to conform to this warranty within five (5) years from the of date of shipment, then Eastern Rail shall correct such patent or latent defects by either repairing or replacing the affected part at no direct cost to the Purchaser. This warranty is in effect to the extent Eastern Rail is given a timely and first opportunity to repair or replace the equipment at its option before the equipment is returned by the Customer. In no event shall Eastern Rail Systems, Inc. or its vendors be liable under any legal theory for any direct damages other than the stated warranty, or any special, indirect, incidental or consequential damages. The remedies provided in this contract are exclusive. TO THE EXTENT PERMITTED BY LAW, THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT TITLE), WHETHER EXPRESS OR IMPLIED. |
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