General
Unless otherwise agreed upon in writing by an officer of J.F.D. Tube & Coil Products, Inc. (referred to as “JFD” from herein) and purchaser, the following paragraphs in this section will be applicable.Performance
The purchaser shall furnish JFD with all information needed for clear understanding of the performance requirements, including any special requirements. JFD shall guarantee thermal performance and mechanical design of a heat exchanger, when operated at the design conditions specified by the purchaser in his order, or shown on the TEMA exchanger specification sheet furnished by JFD. This guarantee shall extend for a period of twelve (12) months after shipping date. JFD shall assume no responsibility for excessive fouling of the apparatus by material such as coke, silt, scale, or any foreign substance that may be deposited. The thermal guarantee shall not be applicable to exchangers where the thermal performance rating was made by the purchaser.Defective Parts
JFD shall repair or replace f.o.b. our plant any parts proven defective with the guarantee period. Finished materials and accessories purchased from other manufacturers, including tubes, are under warranty only to the extent of the original manufacturer’s warranty to JFD.Consequential Damage
JFD shall not be held liable for any indirect or consequential damage.Corrosion & Vibration
JFD assumes no responsibility for deterioration of any part of parts of the equipment due to corrosion, erosion, flow induced tube vibration, or any other causes, regardless of when such deterioration occurred after leaving JFD’s premises.Alterations & Backcharges
The purchaser shall not alter the product in any way without the express written consent of an officer of JFD. Should the part be altered in any way, this guarantee shall be considered null and void.Unauthorized back-charges for repair, etc. of equipment manufactured by JFD will not be accepted unless the scope and method of the repair and the exact cost of the repair are approved in writing by an officer of JFD.
Limits of Liability
The liability of JFD Tube & Coil Products, Inc. with respect to the manufacture, sale, delivery, installation, repair, technical direction, or use of any equipment and/or services furnished shall not exceed the selling price of the equipment or part as to which such liability is asserted.JFD Tube & Coil Products, Inc. shall not be liable for special, incidental, and/or consequential damages, including but not limited to damage or loss of and to other property and/or equipment, loss of profits or revenues, loss of use of other property or equipment, or claims of customers of the buyer for interruption in the buyer’s or the buyer’s customer’s operations.
This limitation of liability is independent of any guarantee provisions and will apply regardless of what remedies the buyer may be entitled to pursue.
