Warranties

Nordfab warrants that the Products sold hereunder conform to any applicable Documentation and will be free from any defects in material and workmanship which become apparent under normal use. This limited warranty applies to the original Buyer only and is non-transferable. To make a claim under this limited warranty, Buyer must give written notice to Nordfab within a period of 12 months from the date of installation or 12 months from the date of shipment, whichever period first expires. If, within that period, Nordfab receives from Buyer written notice of any alleged defect in or non-conformance of any Product covered by this limited warranty and if, in Nordfab’s sole judgment, the Product does not conform with this limited warranty, then Buyer shall, at Nordfab’s request, return the part or Product F.O.B. Nordfab’s shipping point. Nordfab, at its sole option and expense, shall then repair or replace the defective part or Product or repay Buyer the full price paid for such part or Product. Dismounting of defective or non-conforming parts and remounting of any repaired or replaced parts is at Buyer’s sole expense. This limited warranty, as it relates to the delivery of spare parts or replacement for non-conforming parts, expires when the limited warranty for the original Product or equipment expires. Any repayment of the purchase price shall be without interest. NORDFAB’S SOLE RESPONSIBILITY, AND BUYER’S EXCLUSIVE REMEDY HEREUNDER, SHALL BE LIMITED TO SUCH REPAIR, REPLACEMENT, OR REPAYMENT OF THE PURCHASE PRICE AS ABOVE PROVIDED. NO OTHER WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, ARE MADE AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, OR FITNESS FOR PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. This limited warranty does not cover and Nordfab makes no warranty with respect to:

A) failures not reported to Nordfab within the warranty period specified above;

B) failure or damage due to misapplication, abuse, improper installation or abnormal conditions of any kind, including, but not limited to, temperature, dirt or other corrosive matter;

C) failures due to operation, either intentional or otherwise, above rated capacities or in an otherwise improper manner;

D) Products which have been in any way tampered with or altered by anyone other than an authorized representative of Nordfab;

E) Products damaged in shipment or otherwise without fault of Nordfab;

F) expenses incurred by Buyer in an attempt to repair, rework, or replace any alleged defective Product; and

G) defects in material and workmanship which are attributable to drawings and specifications provided by Buyer