Each delivery of the products will be inspected promptly by Customer for damage and defects (including claimed shortages). Customer will notify Carlson Company (hereinafter referred to as CC) in writing if the products do not conform to the purchase order requirements within ten (10) days of Customer’s receipt of the product. If Customer fails to inspect or notify CC within such period, Customer will be deemed to have accepted the products and to have waived any damage or defects.
CC warrants that all products supplied conform to our terms and conditions and sales order confirmation. Products that are confirmed to be defective by an inspection by an authorized CC representative within 12 months of the date of purchase will be repaired or exchanged with an equivalent product at no additional cost to the Customer. CC will take possession of the defective item, which will then become CC’s sole property free and clear of any claims by the Customer.
In order to permit CC to administer this warranty properly, Customer must; (1) notify CC promptly in writing of any claims within the ten (10) days of Customer’s receipt of the product noted above, and (2) provide CC with the opportunity to inspect and test the product claimed to be defective. Such inspection may be on Customer’s premises. CC may also request return of the product, with transportation charges prepaid, for examination at a location of CC’s choosing. Any such transportation charges paid by the Customer will be subsequently reimbursed if the product is found to be defective. However, CC is not responsible of liable for packing, inspection, handling, or labor costs arising out of or relating to the return of product. To avoid administrative difficulties that might result from unauthorized returns, the Customer will request a written return authorization from CC before returning product for any reason.
The liability of CC hereunder is solely and exclusively limited to replacement, repair, or credit of the purchase price, at CC’s option, for any product that is returned by the Customer within sixty (60) days of the delivery date, and which is found by CC to be subject to adjustment under these provisions. These provisions extend only to Customer and not to purchasers or users of Customer’s products.
Notwithstanding anything to the contrary in this warranty or the terms and conditions, CC is not liable for any defects found by Customer’s nondestructive testing (“NDT”) upon or after receipt of the product by the Customer unless Customer’s purchase order required CC to conduct NDT before shipping the product to Customer. CC also is not liable for any damages or defects if Customer, anyone working on Customer’s behalf, or any other third party performs any welding on the machine forging or plate. In addition, and not