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AC CORPORATION
WARRANTY PRODUCTS
AC Corporation (ACC) expressly warrants products manufactured
by ACC to be free from defects in material and workmanship under normal use
and service for a period of one (1) year from the date of initial operation
or eighteen (18) months from the date of shipment, whichever occurs first.
ACC will repair or replace at its option, F.O.B. point of manufacture, any
such product which ACC determines to be defective during the warranty period.
SOFTWARE ACC expressly warrants that application software written by ACC will
perform functionally and be free of defects for one (1) year from the date
of delivery, provided that such software has not been abused, misused, or
modified and incorporates all program enhancements and corrections supplied
by ACC. ACC will correct or replace, at its option, any such software that
ACC determines to be defective during the warranty period. ACC will not be
responsible for erroneous or incomplete data files, for malfunctions in hardware,
operating systems or third party software, or for problems caused by modifications
to originally installed operating systems or configurations. INSTALLATION
ACC expressly warrants that, for a period of one (1) year from the date of
substantial completion or eighteen (18) months from the work commencement
date, whichever occurs first, ACC's work will be free from defects not inherent
in the quality required or permitted and will conform to any plans and specifications
on which ACC's job quotation is based. ACC will repair work that ACC determines
to be defective during the warranty period. SYSTEM PERFORMANCE In jobs where
ACC has exclusive control over design, furnishing of materials and products,
installation, and commissioning, ACC expressly warrants that its systems will
perform to ACC's established standards for the variables (temperature, relative
humidity, light level, etc.) and limits specified in the proposal document,
at the point of control, for a period of one (1) year from date of substantial
completion or eighteen (18) months from the work commencement date, whichever
occurs first. ACC will make all corrections to the performance of the system
that become necessary during the warranty period. This warranty will apply
only if all items that affect system performance (such as heat producing equipment,
vapor barriers, colors, etc.) are as represented to ACC at the time of design
and the customer follows all recommendations (such as insulating, vapor proofing,
etc.) made by ACC. No warranty, express or implied, shall exist for the performance
of any variables or limits not specifically stated in the proposal document.
This warranty does not include testing or analysis of the system unless an
out-of-limit condition caused by system performance is found by ACC. ACC shall
not be liable for any design, materials, products, or services not included
in ACC's proposal document. REPAIR AND MAINTENANCE SERVICE Except as provided
above, ACC makes no warranty whatever, express or implied, relating to its
performance of repair maintenance services or the condition or operation of
any equipment or machinery repaired or maintained by it. ASSIGNMENT OF OTHER
WARRANTIES To the extent assignable, ACC assigns to the customer any and all
warranties made by the manufacturer of a product or software that is furnished
but not manufactured or developed by ACC. ACC makes no warranty whatever,
express, or implied, relating to any product or software which is not manufactured
or developed by ACC. LIMITATION OF WARRANTY This warranty does not cover damage
or defects caused by abuse, modifications not executed by ACC, improper or
insufficient maintenance, improper operation, or normal wear and tear under
normal usage. ACC will not be responsible for damage from water, chemicals,
steam, freezing, voltage variations, electrical service interruptions, abuse,
unsuitable soil conditions, environmentally unsafe conditions, errors in the
customer's drawings, plans, or specifications, or other causes not within
the control of ACC. ACC makes no warranty whatever, express or implied, relating
to asbestos, PCB, or any other hazardous or toxic substances or environmentally
unsafe materials. LIMITATION OF REMEDIES The remedies described above shall
be the SOLE AND EXCLUSIVE remedies under this warranty. ACC shall not be liable
for any special, indirect, incidental, or consequential damages arising out
of any defects, including without limitation transportation or labor charges
to locate, remove, or reinstall defective components, lost profits or sales,
or injury to person or property. ACC's total liability for breach of this
warranty shall not exceed the contract price. NO OTHER WARRANTIES This warranty
shall extend only to the original customer and cannot be assigned. ACC makes
no other warranties whatever, express or implied, written or verbal, including
without limitation the IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. If any government entity imposes an implied warranty
on ACC, it shall have the same time duration as the respective express warranty
listed above. This warranty shall be construed and enforced in accordance
with North Carolina law, and North Carolina shall have sole and exclusive
jurisdiction over any dispute regarding this warranty. MODIFICATION This warranty
may not be modified except by written agreement signed by an officer of ACC.
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