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An ASSA ABLO
Y Group compan
y
7
ASSA Standard Terms & Conditions
TWIN V-10, TWIN EXCLUSIVE, TWIN PRO, TWIN MAXIMUM, CLIQ
Standard Terms & Conditions of Sale
account has been assigned to the cr
edit department,
no Order may be taken, entered or shipped without
approval from the credit manager. Buyer hereby
grants ASSA a purchase money security interest in each
Product and agrees to cooperate with ASSA in protecting
such interest.
6. Insurance
6.1 Insurance Coverage
Buyer shall procure and maintain, at its expense,
the following types of insurance from an insurer
acceptable to ASSA, in the amounts at least equal to
those specified below, with deductibles not in excess of
$100.00. ASSA shall not be required to supply Products
to Buyer at any time that the insurance coverage
provided for herein is not in full force and effect.
6.2 Certificates
Buyer shall, within fifteen (15) days from the date hereof,
furnish ASSA with a certificate of insurance issued by the
insurance company or companies issuing the insurance
policies required hereby. Such certificates shall provide
that written notices shall be given to ASSA at its address
specified herein at least forty-five (45) days prior to any
cancellation or change in any such policy.
7. Warranties and Limitation of Liability
7.1 Warranty
ASSA represents and warrants the Products against
defective material and faulty workmanship for a period
of one year after the date of delivery [and warrants the
finish to meet quality standards at the time of delivery].
This war
ranty expr
essly does not apply to faulty pr
oduct
operation due to: (a) improper installation; (b) the use
of any keys, cylinder pins or other accessories not
expressly approved by ASSA; or (c) failure to provide
reasonable maintenance.
7.2 Limitation of Liability
ASSA
’
s liability under this warranty shall be limited solely
to the repair or replacement of the Products, or parts
thereof, or refund to the Buyer of the purchase price
ther
eof. ASSA shall not be responsible for any defect or
non-conformity in the Products that: (a) is created after
the time of delivery; (b) results from Products for which
materials, specifications or designs wer
e provided by
Buyer; or (c) results from modifications to the Products by
Buyer or others. IN NO EVENT SHALL ASSA BE LIABLE
FOR SPECIAL, INDIRECT
, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER IN CONTRACT
, W
ARRANTY
,
NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE
including but not limited to loss of profits or revenue,
loss of use of the Pr
oducts, delays, or claims of
customers of the Buyer or other third parties for such
other damages. ASSA’s liability on all claims, whether
in contract, warranty, negligence, tort, strict liability or
otherwise for any loss or damage arising out of, or
connected with an Order or the performance or breach
thereof, or from the design, manufacture, sale, or
delivery shall in no case exceed the purchase price of
the Product.
7.3 No Other Warranties
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7.1,
ASSA MAKES NO OTHER REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, AT LAW OR
IN EQUITY, WITH RESPECT TO THE PRODUCTS OR THEIR
CHARACTERISTICS, QUALITY OR PERFORMANCE,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD
PARTIES AND ANY SUCH REPRESENTATIONS AND
WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
8. Claims
Buyer must notify ASSA of any claim [for adjustment] in
writing at ASSA’s address specified herein within thirty
(30) days after the date of the invoice in question. Buyer
must notify ASSA of any claim for shortages or incorrectly
filled Orders in writing within ten (10) days after receipt
of shipment. Under no circumstances will ASSA be
responsible for any charges for labor or material incurred
by others without the prior written consent of ASSA.
9. Indemnity
9.1 Personal Injury and Property Damage
Buyer shall indemnify ASSA and hold ASSA harmless
against all claims, liability, loss or other damages
(including ASSA’s legal expenses) to all persons for
injury of any nature, including, without limitation,
sickness, and/or death, and for property damage
caused by any Product or part thereof after the time of
delivery of such Product or after such Product other-
wise leaves the possession or control of ASSA.
9.2 Compliance with Law
Buyer agr
ees: (a) to fully comply with all applicable
federal, state and local laws, rules, regulations and
guidelines, including without limitation, all applicable
r
egulations and guidelines promulgated, from time
to time, by Federal and state envir
onmental and trans
-
portation officials, and (b) to indemnify and hold
harmless ASSA from and against all claims, liability, loss