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Example Installation TC-3000 Leak Detection System LL EIL Connector Cables Terminating Plug Monitor Cable Cracm Fitting Slo.[3cnd Verticle Combo Cables Warranty The Seller warrants that the TC-3000 Leak Detection System The Seller assumes no liability for any special, indirect, can- will be as described herein, and that such System will be of sequential, incidental, or other damages related to lost sales good materials and workmanship and free from defects if prop- and profits, excessive or increased costs and expenses, field erly installed. Such warranty shall expire two years after the recall and retrofit costs and expenses, downtime costs and date of Seller's shipment of such System to the Purchaser. If claims of customers of the Purchaser for such damages any such System furnished to the Purchaser proves not in con- resulting from the non-conforming or defective condition of fortuity or defective within the two year warranty period, the any system sold by Seller to the Purchaser, and the pur- Seller's sole obligation shall be to repair or replace such chaser assumes liability for all consequences arising out of System, unless such lack of conformity or improper installation its use of such system. The aforesaid remedy of the pur- of such System or such System has been altered or repaired chaser is exclusive and this limitation of liability provision outside Seller's plant, and Seller will not repair or replace ex- shall apply to any and all claims or suits brought against pendable service parts such as senso cables. No claim will be Seller by the Purchaser, including claims or suites based allowed under this warranty unless Purchaser notifies Seller of upon negligence, breach ut contract, breach of warranty, such claim promptly after Purchaser learns of facts giving rise strict liability, or any other legal theory. Upon which liability to such claim. Purchaser's failure to test, inspect and make a may be asserted against the Seller by the Purchaser. claim within such two year period shall be conclusive evidence Nothing herein is to be construed as advising or aulhonzing that the System supplied was satisfactory in all respects. The practice of any invention covered by existing patent rights liability of the Seiler under the foregoing warranty shall not in owned by Total Containment, Inc. or others without license any case exceed the price charged by the Seller for the System from the owners thereof, in the interest of improved design and which gives rise to the Purchasr's claim The foregoing war ranty is exclusive and in lieu of all other warranties whether performance. Total Containment. Inc. reserves the right to express or implied (including any warranty of merchantabili- make changes in any specification, data, or material contained herein. ty or fitness for purpose), except of title. —7—