Metallizing Equipment, MEC Jodhpur

1. SYSTEMS and COMPONENTS

MEC shall remedy any defect resulting from faulty materials or faulty workmanship. To the extent MEC is responsible for the design the same obligation applies to defects resulting from faulty design. If requested to do so by BUYER in writing, and as BUYER’S sole and exclusive remedy, MEC agrees to, at its sole option, either repair or replace the faulty parts of the SCOPE OF SUPPLY, or supply BUYER with non-defective SCOPE OF SUPPLY or part thereof. These remedies shall be provided for the defects notified to MEC during the warranty period under the conditions defined in Article 8 herein below and are granted for twelve (12) months.

2. MATERIALS / CONSUMABLES

MEC warrants that when dispatched from MEC’S factory, all MATERIALS meet the specifications described in the respective product data sheet. If requested to do so by BUYER in writing, and as BUYER’S sole and exclusive remedy, MEC agrees to replace, at MEC’S own cost, any MATERIALS which do not meet the specifications described in the said product data sheet or which have been specifically agreed upon in the CONTRACT. These remedies shall be provided for the defects notified to MEC during the warranty period under the conditions defined in Article 8 herein below and are granted for two (2) months.

3. COATING AND MACHINING SERVICES

MEC shall remedy any defect resulting from not using the materials specified, or from faulty workmanship. MEC assumes no warranty or representation regarding the fitness of the coating or machining applied for the purpose for which the coated goods are intended to be used. If requested to do so by BUYER in writing, and as BUYER’S sole and exclusive remedy, MEC shall at its sole option repair the defective coating or machining or remove and re-process it. These remedies shall be provided for the defects notified to MEC during the warranty period under the conditions defined in Article 8 herein below and are granted for six (6) months.

4. MAINTENANCE / REPAIR / INSTALLATION SERVICES

MEC’s obligations consist of using proper care and skill in performing the work described in the CONTRACT and, if parts (SPAREPARTS or other parts) are supplied by MEC in connection with such SERVICES, to deliver parts, which are free of defects. If requested to do so by BUYER in writing, and as BUYER’S sole and exclusive remedy, MEC shall re-do any faulty service work at its own cost. Defects resulting from insufficient or inappropriate documentation delivered by BUYER shall be remedied at BUYER’S cost. These remedies shall be provided for the defects notified to MEC during the warranty period under the conditions defined in Article 8 herein below and are granted for six (6) months.

5. SPARE PARTS

SPARE PARTS being considered have their operational life, in case of parts for gun, hoses, cables, powder feeder, etc. MEC strongly advices to use MEC genuine spare parts Manufactured/Offered by MEC to avail the warranty terms offered for the machine. If customer uses other brand/ own manufatured spare parts in MEC supplied machines then, the warranty offered will be NULL and Void.

SPARE PARTS do not fall under the warranty clause of the machine as these are being considered to be replaced after their operational life which depends upon uses of the machine, quality of the consumables (Wire and Powder), Operator’s efficiency etc. external factors.

6. ENGINEERING SERVICES

MEC’s obligations consist of using proper care and skill in performing the work described in the CONTRACT. However, MEC does not provide any warranty for successful achievement of the results envisaged in the CONTRACT. If requested to do so by BUYER in writing, and as BUYER’S sole and exclusive remedy, MEC shall re-do any faulty service work at its own cost. These remedies shall be provided for the faults notified to MEC during the warranty period under the conditions defined in Article 8 herein below and are granted for six (6) months.

7. TRAINING

MEC’s obligations consist of using proper care and skill in performing the training. MEC shall assume liability regarding correctness of the content communicated, orally or in writing, only to the extent that damages resulting from TRAINING are based on MEC’s gross negligence or willful misconduct

8. General Conditions applicable to MEC’s Warranty

Place where Warranty Work is executed

MEC reserves the right to require that the BUYER or the end-user returns the SCOPE OF SUPPLY or parts thereof to MEC’s production facility to provide proper warranty service. Regarding SYSTEMS, MEC shall use its best efforts to perform the warranty work at BUYER’S or end-user’s facility, and as soon as reasonably practicable after receipt of written notification by the BUYER or the end-user. In case MEC requires that the BUYER or end-user returns the SYSTEM or part thereof to MEC’s facilities, MEC shall reimburse BUYER or end-user solely the costs paid for sea or land transportation, with the exclusion of any internal costs. Regarding COATING AND MACHINING SERVICES, MEC shall bear the costs for the corresponding repair or reprocessing work which occurs outside its works if it is not possible to carry out such repairs or reprocessing work in MEC’s works, or if this would involve unreasonable expenses. Such costs shall be borne to the extent that they are reasonable under the circumstances prevailing, and provided BUYER or end-user has obtained MEC’s prior written approval.

Start of Warranty Period

Unless otherwise agreed upon in writing, the warranty period for SYSTEMS, COMPONENTS, and MAINTENANCE / REPAIR / INSTALLATION SERVICES starts at the date of FINAL ACCEPTANCE of the respective SCOPE OF SUPPLY, in any case not later than 90 days after announcement of readiness for shipment in case of delivery of goods, or completion of the services. FINAL ACCEPTANCE shall not be deferred due to minor defects. For MATERIALS, COATING AND MACHINING SERVICES and SPARE PARTS the warranty period starts at the date of delivery EX WORKS.

Early termination of Warranty Period

The warranty periods stipulated in 1 through 7 above shall terminate if BUYER or a third party undertakes inappropriate or improper modification or repairs, or if the BUYER, in case of a defect, does not as soon as reasonably possible take all appropriate steps to mitigate damages and to notify MEC in writing of its obligation to remedy such defect.

Maximum Warranty Period

Any warranty period (including but not limited to new warranty periods for replaced, or repaired goods, or repeated services, and including cases when commencement of the warranty period is deferred, etc.) shall expire after adding half of the number of months of the original warranty period.

Deliveries to Medical Industry

If the SCOPE OF SUPPLY is delivered for use in the medical industry – such as but not limited to (i) COATING AND MACHINING SERVICES applied on medical devices, (ii) SYSTEMS, COMPONENTS, SPARE PARTS, MATERIALS used for the production of medical devices, (iii) MAINTENANCE/REPAIR/INSTALLATION SERVICES on SYSTEMS etc. as mentioned under (ii) herein before – MEC shall not assume any liability for biocompatibility, sterility or other requirements typically asked for in the medical industry. BUYER shall indemnify and hold MEC harmless from any and all claims made by third parties against MEC and shall make sure that BUYER’S insurance carriers shall waive their right of subrogation against MEC.

Exclusion from MEC’s Warranty

Excluded from MEC’s warranty and liability for defects are all deficiencies which cannot be proved to have their origin in bad material, faulty design (if applicable), or poor workmanship, e.g. for deficiencies resulting from normal wear and tear, improper maintenance, failure to observe the operating instructions or deficiencies resulting from other reasons beyond MEC’s control, including damages caused by erosion, corrosion or cavitation. Replaced parts shall become the property of MEC.

The BUYER or end-user shall at their own expense arrange for any dismantling and reassembly of equipment other than the dismantling and reassembly of the equipment pertaining to the SCOPE OF SUPPLY, to the extent that this is necessary to remedy the defect.

MEC MAKES NO WARRANTY OR REPRESENTATION TO THE SCOPE OF SUPPLY OTHER THAN AS SPECIFIED IN THIS SECTION. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.

Hazard Warning Responsibility

UYER and MEC acknowledge that each have respective obligations with respect to maintaining compliance with all safety and health related regulations concerning SCOPE OF SUPPLY. BUYER is familiar with the SCOPE OF SUPPLY and acknowledges its separate and independent knowledge of such risks, which are known in BUYER’S industry. BUYER shall maintain compliance with all safety and health related governmental requirements concerning SCOPE OF SUPPLY and shall take all reasonable and practical steps to inform, warn, and familiarize its employees, agents, contractors, and customers with all hazards associated therewith, including handling, shipment, storage, use, and disposal. BUYER assumes as to its employees, independent contractors, and subsequent purchasers of the SCOPE OF SUPPLY sold hereunder, all responsibility for all such necessary warnings or other precautionary measures. BUYER shall defend at its own expense, indemnify fully and hold harmless MEC and its subsidiaries, and affiliates and its and their agents, officers, directors, employees, representatives, successors, and assigns from and against any and all liabilities, losses, damages, demands, claims, penalties, fines, actions, suits, legal, administrative or arbitration proceedings, judgments of any jurisdiction, costs and expenses (including, but not limited to, attorney’s fees and related costs) arising out of or in any manner related to BUYER’S failure to provide necessary warnings or other precautionary measures in connection with the SCOPE OF SUPPLY sold hereunder.

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METALLIZING EQUPMENT CO.