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GE Commercial Motors
By Regal-Beloit Data subject to change without notice
Warranty Period - Motors
The Seller warrants motors manufactured by or for it to be free from defects
in materials and workmanship and to conform to its written specifications for a
period of twelve (12) months from date of first use or eighteen (18) months from
date of manufacture, whichever period shall expire first.
Warranty Period - Generators
(a) The Seller warrants standby generatorsmanufactured by or for it to be free from
defects in materials and workmanship and to conform to its written specifications
for a period of twenty-four (24) months from date of startup, thirty (30) months from
date of shipment, or one-thousand (1,000) hours in use, whichever period shall
expire first; (b) Seller warrants continuous duty generators manufactured by or for it
to be free from defects in materials and workmanship and to conform to its written
specifications for a period of twelve (12) months from date of startup or eighteen
(18) months from date of shipment, whichever period shall expire first.
Certain Electrical Group Goods are warranted for different periods of time under
specific conditions. Buyer must consult the current product catalog or internet
site to confirm this warranty period.
Warranty Remedies - If, prior to expiration of the foregoing applicable warranty
period, any of such Goods shall be proved to Seller’s satisfaction to be defective or
nonconforming, Seller will repair or replace such defective Goods or components
thereof,F.O.B.Seller’splantorotherdestinationdesignatedbySeller,orwillrefundor
provide Buyer with a credit in the amount of the purchase price paid therefor by
Buyer, at Seller’s sole option. Buyer’s exclusive remedy and Seller’s sole obligation
under this warranty shall be limited to such repair or replacement, F.O.B. Seller’s
plant or other destination designated by Seller, or refund or credit by Seller, and
shall be conditioned upon Seller’s receiving written notice of any defect within a
reasonable period of time (but in no event more than sixty (60) days) after it was
discovered or by reasonable care should have been discovered. In no event
shall Seller’s liability for such defective or nonconforming Goods exceed the
purchase price paid by Buyer therefor.
Exclusions - This warranty does not: (i) cover shipping expenses to and from
Seller’s factory or other destination designated by Seller for repair or replacement
of defective Goods or any tax, duty, custom, inspection or testing fee, or any other
charge of any nature related thereto, nor does it cover the costs of disassembling or
removing defective Goods or reassembling, reinstalling, or testing repaired or
replaced Goods or finishing the reinstallation thereof; (ii) apply and shall be
void with respect to Goods operated in excess of rated capacity or otherwise not in
accordancewithinstallation,maintenance,oroperatinginstructionsorrequirements,
to Goods repaired or altered by others than Seller or Seller’s authorized service
agencies, or to Goods which were subjected to abuse, negligence,
misuse, misapplication, accident, damages by circumstances beyond
Seller’s control, to improper installation (if by others than Seller), operation,
maintenance or storage, or to other than normal use or service; and (iii) apply
to equipment or components not manufactured by or for Seller. With respect
to Goods or components not manufactured by Seller, Seller’s warranty
obligations shall in all respects conform and be limited to the warranty actually
extended to Seller by its suppliers, but in no event shall Seller’s obligations be
greater than those provided under Seller’s warranty set forth in this Section 10.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER EXPRESS AND IMPLIED
WARRANTIES (EXCEPT TITLE), INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO
EMPLOYEE,REPRESENTATIVE,ORAGENTOFSELLEROTHERTHANANOFFICEROFSELLERIS
AUTHORIZED TO ALTER OR MODIFY ANY PROVISION OF THIS SECTION 10 OR TO
MAKE ANY GUARANTEE, WARRANTY, OR REPRESENTATION, EXPRESS OR IMPLIED,
ORALLY OR IN WRITING, WHICH IS CONTRARY TO THE FOREGOING. Any description
of the Goods, whether in writing or made orally by Seller or Seller’s agents,
specifications, samples, models, bulletins, drawings, diagrams, engineering sheets
or similar materials used in connection with Buyer’s order are for the sole purpose
of identifying the Goods and shall not be construed as an express warranty.
Any suggestions by Seller or Seller’s agents regarding use, application or
suitability of the Goods shall not be construed as an express warranty unless
confirmed to be such in writing by Seller’s authorized officer.
11. LIMITATIONS OF LIABILITY; CONSEQUENTIAL DAMAGES: Nuclear Use Disclaimer
- Goods sold by Seller are not intended for use in connection with any nuclear
facility or activity. If so used, Seller disclaims all liability for any nuclear damage,
injury or contamination, and Buyer shall indemnify and hold Seller, its officers,
agents, employees, successors, assigns and customers harmless from and
against any and all losses, damages or expenses of whatever form or nature
(including attorneys’ fees and other costs of defending any action) which they
or any of them may sustain or incur, whether as a result of breach of contract,
warranty, tort (including negligence) or otherwise, by reason of such use.
Consequential Damage Disclaimer - Seller’s liability with respect
to Goods proved to its satisfaction to be defective within the
warranty period shall be limited to repair, replacement or refund as
provided in Section 10 hereof, and in no event shall Seller’s liability exceed the
purchase price of the Goods involved. Seller shall not be subject to any
obligations or liabilities, whether arising out of breach of contract, warranty, tort
(including negligence) or other theories of law, with respect to Goods sold or
services rendered by Seller, or any undertakings, acts or omissions relating
thereto.Withoutlimitingthegeneralityoftheforegoing,Sellerspecificallydisclaimsany
liability for property or personal injury damages, penalties, special or punitive
damages, damages for lost profits or revenues, loss of use of Goods or any
associated Goods, cost of capital, cost of substitute products, facilities or
services, downtime, shutdown, or slowdown costs, or for any other types of
economic loss, and for claims of Buyer’s customers for any such damages.
SELLER SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND
CONTINGENTDAMAGESWHATSOEVER.EVENIFTHEREPAIRORREPLACEMENTREMEDYSHALL
BEDEEMEDTOHAVEFAILEDOFITSESSENTIALPURPOSEUNDERSECTION2-719OFTHEUNIFORM
COMMERCIAL CODE, SELLER SHALL HAVE NO LIABILITY TO BUYER FOR CONSEQUENTIAL
DAMAGES, SUCH AS LOST PROFITS, LOST REVENUE, DAMAGE TO OTHER GOODS OR LIABILITY
OR INJURY TO A THIRD PARTY.
12. INDEMNIFICATION BY BUYER: Buyer shall indemnify, hold harmless, and
defend Seller and Seller’s employees and agents from and against any and
all damages, liability, claims, losses, and expenses (including reasonable
attorneys’ fees, court costs, and out-of-pocket expenses) arising out of or
resulting in any way from claims by customers of Buyer or third parties against
Seller alleging a breach of contract or warranty by Seller to the extent that
such damages, liability, claims, losses, and expenses which may be payable
by Seller to Buyer pursuant to and as limited by Seller’s warranty and damage
obligations as contained in Sections 10 and 11 hereof so as to effectively limit
Seller’s obligations to customers of Buyer or third parties to those set forth in
Sections 10 and 11 hereof.
13. PATENT INDEMNIFICATION: Seller will, at its own expense, defend or settle
any suits that may be instituted against Buyer for alleged infringement by the
Goods of any United States patent, provided that: (a) such alleged infringements
consist of the use of the Goods for any of the purposes for which such Goods were
sold; (b) Buyer shall have made all payments for such Goods then due hereunder;
(c) Buyer shall give Seller immediate notice in writing of any such suit and transmit
to Seller immediately upon receipt of all processes and papers served upon Buyer;
and (d) Buyer shall permit Seller through its counsel, either in the name of Buyer
or in the name of Seller, to defend such suit(s) and give all needed information,
assistance and authority to enable Seller to do so.
In case of a final award of damages in any such suit, Seller will pay such award
but will not be responsible for any compromise or settlement made without its
written consent. In case the Goods itself is in such suit held to infringe any valid
patent issued in the United States and its use enjoined, or in the event of a
settlement or compromise approved by Seller which shall preclude future use of
the Goods sold to Buyer hereunder, Seller shall, at its own expense and at its
sole option, either: (a) procure rights to continue using such Goods; (b) modify the
Goods to render it noninfringing; (c) replace the Goods with non-infringing Goods;
or (d) refund the purchase price paid by Buyer for the Goods after return of the
Goods to Seller. Notwithstanding the foregoing, Seller shall not be held responsible
for infringements of combination or process patents covering the use of Goods in
combination with other Goods or materials not furnished by Seller.
The foregoing states the entire liability of Seller for patent infringement,
and IN NO EVENT SHALL SELLER BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES ATTRIBUTABLE TO AN INFRINGEMENT nor for infringement based on
the use of the Goods for a purpose other than that for which sold by Seller.
As to any Goods furnished by Seller to Buyer manufactured in accor-
dance with designs proposed or furnished by Buyer or any claim of con-
tributory infringement resulting from the use or resale by Buyer of Goods sold
hereunder, Buyer shall indemnify Seller for any award made against Seller or
TERMS AND CONDITIONS OF SALE (cont’d)
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