NASATKA BARRIER, INC. (NBI)
TERMS AND CONDITIONS OF
PRODUCT, INSTALLATION, & SERVICE / MAINTENANCE AGREEMENTS

PRODUCT Warranty:
Each item of equipment in the NBI Barrier is, warranted by Supplier for a period of one (1) year, after delivery F. O. B. plant, unless otherwise specified by Supplier, from failure of operation in ordinary use against defects due to faulty material or workmanship. Any defective equipment in the NBI Barrier shall be returned to the factory, at Supplier’s option, for repair or replacement, and Supplier assumes no responsibility for service at any consumer’s site. Supplier is in no event responsible for any labor costs under the warranty. Subject to the above limitation, all service, parts, and replacements necessary to maintain the equipment as warranted shall be furnished by Supplier at no cost to consumer. Supplier shall not have any liability under these specifications, other than for repair or replacement as described above for equipment malfunction or equipment failure of any kind, caused for any reason, including, but not limited to unauthorized repairs, improper installation, installation not performed by Supplier personnel, nor by Supplier authorized personnel, modifications, misuse, accident, catastrophe, neglect, natural disaster, act of God of if any time the power supplied to any part of the NBI Barrier falls short or exceeds the rate of tolerance for the equipment.

The exclusive remedy for breach of any warranty by Supplier shall be the repair or replacement at supplier’s option, of any defects in the equipment. IN NO EVENT SHALL THE SUPPLIER OF NBI BARRIER(S) BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES OR ANY KIND OF DAMAGES TO ANYONE. Except as provided herein, Supplier makes no warranties or representations to consumer or to anyone else and consumer hereby waives all liability against Supplier as well as any other person for the design, manufacture, sale, installation, and/or servicing of the NBI Barrier.

INSTALLATION Warranty:
NBI shall warrant its work to comply with the requirements of the Prime Contract, Subcontract, and/or Installation Agreement. NBI’s warranty shall run for a period of one (1) year, after the completion of any given work and its written, final acceptance by the Owner.

SERVICE & MAINTENANCE Warranty:
The warranty of NBI is limited to the following: Nasatka Barrier, Inc. warrants that materials and equipment furnished under an existing Service & Maintenance Agreement will be good quality and new unless otherwise required by contract, and that its work will be free from defects not inherent in the quality required or permitted. Any part replaced under such an Agreement shall be warranted for thirty, (30) days after the replacement is performed. The labor associated with such replacement shall be compensated at NBI’s rates then applicable and under the same other terms and conditions herein set forth. NBI’s warranty excludes liability for damage or defect caused by abuse, modifications not executed by NBI, improper or insufficient maintenance, improper operation, or normal usage, wear and tear.

EXCEPT FOR THESE EXPRESSED WARRANTIES, NASATKA BARRIER, INC. DISCLAIMS ALL WARRANTIES ON INSTALLATIONS, SERVICES, PARTS AND EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ALL EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO OTHER WARRANTIES EXIST.

Any modification or alteration by anyone other than NASATKA BARRIER, INC. (NBI) or NBI authorized personnel will render the NBI warranties herein as null and void.