Warranty / Sales & Use Tax

Taxes:  Purchaser shall be responsible for and pay directly all federal or state sales, use, occupation, excise, or other taxes arising out of or relating to the sale of Equipment or the provision of services, if applicable, as well as all export and import-related fees, duties, and charges.



WARRANTY: PARKER FREEZE DRY, A DIVISION OF PROFORM FABRICATION WARRANTS THAT THE PRODUCTS SUPPLIED TO CUSTOMER PERSUANT TO THIS PURCHASE ORDER WILL BE MANUFACTURED IN A GOOD WORKMANLIKE MANNER AND SHALL BE FREE FROM DEFECTS IN WORKMANSHIP FOR A PERIOD OF 12 MONTHS FROM THE DATE OF SHIPMENT.
 
DISCLAIMER.   PARKER FREEZE DRY, A DIVISION OF PROFORM FABRICATION’S WARRANTY IS CUSTOMER’S SOLE AND EXLCUSIVE WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.   
 
LIMITATION OF LIABILITY.  PARKER FREEZE DRY, A DIVISION OF PROFORM FABRICATION’S SOLE OBLIGATION AND CUSTOMER’S EXCLUSIVE REMEDY FOR A BREACH OF WARRANTY OR ANY OTHER CLAIM OR CAUSE OF ACTION IS LIMITED TO REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS, OR ANY COMPONENTS. UNDER NO CIRCUMSTANCES WILL PARKER FREEZE DRY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES RESULTING FROM THE PURCHASE OR USE OF THE PRODUCTS, INCLUDING WITHOUT LIMITATION, LOST PROFITS, ECONOMIC LOSS, COST OF CAPITAL, CLAIMS OF CUSTOMERS, OR LOSS OF USE OR DAMAGE TO OTHER PROPERTY, NOTWITHSTANDING THE FACT THAT PARKER FREEZE DRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF PARKER FREEZE DRY TO CUSTOMER FOR ANY CLAIM WHATSOEVER RELATED TO THE PURCHASE SHALL NOT EXCEED THE TOTAL PURCHASE PRICE ACTUALLY PAID BY CUSTOMER TO PARKER FREEZE DRY FOR THE PRODUCTS.