Customer Training and Services Policy

Swagelok Alabama | Central & South Florida | West Tennessee Services Training and Education Customer Training and Services Policy

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CUSTOMER TRAINING AND SERVICES POLICY

LIMITED WARRANTY FOR SERVICES

The Customer is referred to as the “Owner” and the SSC is referred to as the Seller.

Seller warrants that the Services will be provided to the Owner with reasonable skill and care. The warranty period for such Services is for ninety (90) days following the performance of the Services. Such Services are based in part on a variety of facts and assumptions (some of which are variable and subject to change), as well as information supplied by the Owner, its authorized representative and third parties. Seller has gathered information from the site visit and has received and relied on the information from the Owner (and third parties) to be accurate and complete, all of which is variable and subject to change. Seller forms conclusions based on all such information gathered and received. Seller does not provide any warranty or guarantee (express or implied) regarding the accuracy or completeness of the information from the Owner. Seller’s conclusions in providing the Services to the Owner or its authorized representative is guaranteed by Seller and limited to the extent that such basis of information has not changed and is complete. Seller does not have the same level of knowledge and information as the Owner or its authorized representative about the Project and related facilities, and the Owner bears full and complete responsibility for determining the suitability of the recommendations for the Project, related facilities and the Owner’s applications. If the Owner notifies Seller during the warranty period that the Services fail to meet the warranty set forth in this Limited Warranty, Distributor shall reperform the Services. If the Services cannot be reperformed, Seller shall issue a refund for the non-conforming portion of the Services.

THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ALL OTHER WARRANTIES AND LIABILITIES RELATING TO THE CONDITION OR USE OF THE PRODUCT ARE EXCLUDED AND DISAVOWED TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event of any discrepancy between the original English version of this agreement and any translation, then the English version will prevail.

LIMITATION OF DAMAGES AND LIABILITY FOR SERVICES

Agreed Limitation of Damages and Liability

The Customer (“Owner”) and Consultant (“Distributor”) agree as follows:

1. DEFINITIONS

a. “Consulting Services” includes inspecting of customer’s fluid systems for health, performance, safety, function and environmental impact; providing advice on industry best practices; reviewing customer’s component requirements, system designs, materials and various performance aspects; training for fluid systems and installation support at various levels; and all related professional services necessary to completing such tasks where Swagelok^® products are used or installed.

b. “Project” refers to the name of the facility, location of facility or other identifying location with respect to which the distributor will provide any services or products.

2. EXCLUSION OF INDIRECT DAMAGES

OWNER AND CONSULTANT AGREE THAT NEITHER PARTY, THEIR AFFILIATES, OR ASSIGNEES, NOR ANY OF THE RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, OR SUPPLIERS THEREOF, SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL LOSS OR DAMAGE ARISING IN ANY WAY OUT OF THE PROJECT OR THE PERFORMANCE OF THE CONSULTING SERVICES, WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION FOR ANY LOSS OF REVENUE OR PROFITS, ANTICIPATED SAVINGS, GOODWILL OR INJURY TO REPUTATION, BUSINESS OPPORTUNITY, CORRUPTION TO DATA, USE OR OPPORTUNITY, FINANCING OR BONDING CAPACITY, LOSS OF PRODUCT OR PRODUCTION, OR BUSINESS INTERRUPTIONS.

3. LIMITATION OF LIABILITY

THE AGGREGATE LIABLITY OF CONSULTANT AND ITS AFFILIATES AND SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES, FOR ALL CLAIMS, LOSSES, EXPENSES, LIABILITIES, DAMAGES, AND OTHER COSTS ARISING IN ANY WAY OUT OF THE PROJECT OR THE PERFORMANCE OF THE CONSULTING SERVICES SHALL NOT EXCEED ONE HUNDRED PERCENT (100%) OF THE FEES OR COMPENSATION PAID, OR TO BE PAID, BY OWNER TO CONSULTANT FOR THE CONSULTING SERVICES.

4. AMENDMENTS
This Agreement constitutes the entire agreement and understanding between the parties relating to the subject matter hereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written regarding the subject matter. No change, supplement, modification, or amendment to this Agreement will be binding or supersede this Agreement unless it is in a writing signed by the parties that specifically refers to this Agreement.

5. TRANSLATION
In the event of any discrepancy between the original English version of this agreement and any translation, then the English version will prevail.