TERMS AND CONDITIONS OF
10. DELAYS: LONG and its suppliers shall not be liable for any delays caused by riots, strikes, fires, floods, lack of transportation, accidents or due to disapproval of credit by LONG or its suppliers, or any other contingency beyond its control. In the event of disapproval of credit, LONG may, at its sole option, cancel Buyer’s Purchase Order without any liability on the part of LONG or its suppliers.
11. O&M DATA: LONG shall deliver operation and maintenance data after delivery of product, provided Buyer is current with its financial obligations to LONG.
12. RETURNED GOODS: Goods may not be returned except by permission of an authorized Officer of LONG and when so returned will be subject to a handling charge and transportation costs. Authorized return goods should be returned to suppliers as directed by LONG depending on point of origin. Return shipments should not be directed to LONG.
13. WARRANTY: LONG and its suppliers warrant to the original purchaser that the products manufactured or supplied by them are free of defects in material and workmanship if properly installed, maintained and used under normal conditions with competent supervision. The obligation of LONG and its suppliers is limited to, at their option, repairing or replacing, F.O.B. point of manufacture or main office of LONG, any part or parts under this warranty which shall thus prove defective within one year after shipment to the original purchaser (some suppliers may extend the warranty to one year after startup, or eighteen months after shipment, whichever occurs first). LONG and suppliers' examination shall disclose to their satisfaction the warranty status of parts claimed to be thus defective; warranty shall be valid provided such part or parts are returned to the supplier's manufacturing point or LONG main office with transportation charges prepaid and provided that LONG and its suppliers receive written notice of such defect within 15 days of the failure of the product and provided product has been paid in full. The term "original purchaser", as used in this warranty shall mean that person to whom the product was originally supplied.
This warranty shall not apply to, and neither LONG nor its suppliers shall be liable for, any part which has been damaged by or subjected to misuse, abuse, overload, misapplication neglect, accident, improper installation, modification, adjustment, alteration or repair.
This warranty is expressly in lieu of all other warranties, express or implied, including all warranties of merchantability and fitness for purpose or use and of all other obligations or liabilities of LONG or its suppliers; LONG and its suppliers neither assume nor authorize any other person to give or assume for them any other warranty or liability in connection with these products.
14. LIMITATION OF LIABILITY: LONG and its suppliers shall not in any event be liable for loss, damage or expense directly or indirectly arising from the use of said products nor from any other cause, nor for penalties, nor for indirect, special, consequential, incidental or liquidated damages and neither LONG nor its suppliers shall incur any liability whatsoever until full payment for products has been received. In no event shall LONG’s liability for direct or compensatory damages exceed the payments received by LONG from Buyer under Purchase Order.