This limited warranty is expressly in lieu of all other warranties, express or implied, and shall expire one (1) year after the date of delivery (to the carrier) of the equipment or parts in issue.
This limited warranty applies only to the Buyer and shall expire upon the sale or transfer of the equipment and parts by the Buyer to any third party, regardless of whether that transfer is within one (1) year after the delivery to the Buyer, as aforesaid. This limited warranty shall be void if:
(a) the Buyer adds, subtracts, or replaces any parts, equipment or accessories to the equipment or parts purchased, unless such accessories or additions are bought from AEI and installed by AEI-approved personnel; or
(b) the Buyer alters or modifies the equipment, parts, or any component thereof in any manner without AEI's prior express approval; or
(c) the Buyer fails to follow the recommended maintenance procedures described in the documentation for the equipment and parts.
Additionally, faulty assembly or installation by Buyer or third parties will result in loss of all warranties. Minor variations from the agreed or common condition do not constitute defective equipment and parts, installation services, or services. In cases where faulty parts were sent for repair to the delivering factory, the cost of transport both ways shall be born by the Buyer unless otherwise expressly agreed by AEI.
AEI warrants that the equipment and parts sold hereunder will, for a period of one (1) year from the date of delivery (to carrier) thereof, be free from defects in material and workmanship under normal use and service, provided that any such defect does not arise from any misuse, negligence, acts or omissions of the Buyer or its agents or employees, or by carriers in connection with the transportation, use, installation of the equipment and parts, and subject to further limitations contained in this agreement. This limited warranty shall not apply to any equipment and parts, or components thereof, subject to wear and tear. No damages from faulty operation, faulty operating conditions, insufficient maintenance, chemical, electromagnetical or electric impacts, excessive strain, the use of improper or unsuitable materials, faulty impacts, or any use not expressly authorized by AEI shall be covered by warranty.
Buyer's sole remedy against AEI arising out of, or in connection with, any claimed defect in any equipment or parts, whether for apparent or hidden defects or otherwise, regardless of whether such claimed defect is based upon negligence, strict liability, contract, or otherwise, and whether for personal injury, commercial loss, or other monetary loss, shall be, at AEI's option and in AEI's sole discretion:
(a) the reconditioning, repair or replacement of such specific individual parts contained in the machinery (but not the machinery itself) or products as AEI determines, in its sole judgment, and upon inspection, to be defective, provided that Buyer has given written notice to AEI promptly upon detection of the defects claimed, with details of such defects; or
(b) the issuance to the Buyer of a credit or refund in the amount of the purchase price or of such parts, less depreciation from the date of delivery to Buyer, determined in accordance with generally accepted accounting principles.
If AEI is providing Installation Services, AEI warrants that the employees or contractors of AEI performing those services will install the machinery in accordance with the specifications agreed to by AEI. AEI=s obligations under this warranty are EXPRESSLY LIMITED to providing additional or substitute technicians, or additional technician time, as needed to cause the equipment parts to be installed in accordance with such specifications. AEI=s obligation under this section shall cease at such time as Buyer accepts the machinery, or at such time as the machinery is functioning in accordance with specifications, even if the Buyer has not accepted machinery. If AEI is providing services, AEI=s obligations are limited to performing the work as AEI has agreed.