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H. O. 855 R5-J-7-43-20M J . W A R R A N T IE S : The Vendor warranty the machinery herein described, so far as the same is of | k o w n manufacture, against defects in material and workmanship, under normal use and service, for a period of one year after date o f shipment of the machinery; the Vendor’s obligation under this warranty be­ing limited, however, to furnishing or repairing, without charge, F.O.B., its Works, a similar part to replace any part of its own machinery which within three months from date o f starting and not more than one year after date o f shipment of the machinery is proven to have been defective at the time it was shipped, pro­vided the Purchaser has given the Vendor immediate written notice upon the discovery o f such defect. The Vendor shall have the option of requiring the return o f the defective material, transportation prepaid, to establish the claim. The Vendor shall in no event be held liable for damages or delay caused by defective material and no allowance will be made for repairs or alterations, unless made by its written consent or approval. The Vendor shall not be held responsible for work done, apparatus furnished or repairs made by others. There are no warranties, express or implied, except the above and such other express warranties, if any, as may be definitely set forth herein. The provisions in the specifications hereto attached are descrip­tive, unless expressly stated as warranties. The Vendor shall not be liable for any special, indirect or con­sequential damages; or for any damages arising from the use of the machinery specified herein, whether in connection with any erosive or corrosive gases or liquids, or otherwise. 2. D R A W IN G S : If drawings are furnished with this proposal, they are submitted only to show the general style, arrangement and approximate dimensions of the machinery offered. No work is to be based on proposal drawings. Foundation or assembly drawings certified by the Vendor will be furnished when re­quired, after the acceptance o f this proposal. Such foundation drawings will show location for foundation bolts, and dimensions recommended where soil conditions are satisfactory. 3. F O U N D A T IO N S : The Purchaser shall do all excavating and shall prepare and furnish all founda­tions, including those for which the Vendor shall furnish drawings. The Vendor assumes no respon­sibility for the construction o f these foundations- nor for the nature of the soil upon which they are built. The Purchaser shall determine, by making borings or otherwise, the character o f the soil on which the foundation is to be built and shall provide suitable piling where necessary to support the combined weight o f the foundation and the apparatus. 4. IN S T A L L A T IO N : All machinery shall be installed and put in operation by and at the expense and full responsibility o f the Purchaser, unless otherwise expressly stipulated herein. If Vendor undertakes herein to advise and assist the Purchaser in connection with the installation of the machinery, a field erector will be furnished by the Vendor. Unless otherwise stipulated herein, the Purchaser shall pay for the service o f a field erector at the rate o f Eighteen Dollars ($18.00) straight time for the first eight hours of employment in any regular working day; thereafter, during the same working day, time and one-half for the next eight hours, and double time for any continued hours of employment beyond sixteen hours; on any Saturday, the first eight hours shall be calculated at time and one-half, after which double time shall apply; Sundays and holidays shall be calculated at double time; plus all traveling and living expenses from the time field erector leaves Vendor’s W orks until return thereto, plus freight or express charges on Vendor’s erecting tools, plus all expenditures arising from delays for which Vendor is not responsible, including loss of time of field erectors and additional trips. Field erector shall have free and unobstructed access to the site of erection of machinery. Purchaser shall furnish safe and proper working conditions, and safe storage for field erector’s tools. The Purchaser shall furnish all necessary help, labor, cranes, cribbing, oil, supplies, station operating force, steam, electricity, water and other material and supplies required to install and operate the apparatus, and shall furnish free available crane and switching service and the services of operators and other employees that may be necessary in connection therewith. The Purchaser shall cause all material furnished by it to be delivered uncrated alongside the foundations and shall make and repair all necessary holes and openings in floors and walls, furnish runways and reinforce weak floors. 5. S H IP P IN G D A T E S : The time for shipment given herein is approximate and is estimated from the date of the receipt of order with complete information. The Vendor shall not be liable for any loss or damage for delay or non-delivery resulting from the operation o f any United States Government law, rule, ordinance, or regulation (including, but not limited to, the operation o f a preference or priority system, and resulting orders to the Vendor, any subcontractor, or material supplier, or the necessity for having export, import, or exchange licenses), or from any requirement or intervention of civil, naval, or military authorities or other agencies of Government; or by reason of the failure of the Purchaser to give required shipping instructions or to make provision for reception at dock or elsewhere as may be required, or the failure of the Purchaser to perform its obligations hereunder, including, but not limited to, inspection by the Purchaser’s representative, or failure to pay funds as specified herein; or by reason of changes re­quested by the Purchaser in the plans and specifications; or by reason of “ force majeure” which shall be deemed to mean all other causes whatsoever not reasonably within the control of the Vendor, including, but not limited to, acts of God, war, riot or insurrection, blockades, embargoes, sabotage, epidemics, fires, strikes, lockouts or other industrial disturbances, lightning, hurricanes and cyclonic storms, explosions, and delays of carriers. Any delay resulting from any such cause shall extend shipping dates correspondingly, and receipt by the Purchaser shall constitute acceptance of delivery and a waiver of any claims due to delay. If an export license is required for any machinery or material to be supplied hereunder, the Vendor shall be under no obligation to commence work, unless otherwise specifically agreed, until such license is received. If, during the period o f delay required for obtaining an export license, there shall be an increase in the price to the Vendor of any equipment not o f Vendor’s manufacture, to be supplied hereunder, there shall Page 2 ( o v e r )