|Products||Patent Title||Patent No.|
|Manway||Manway Cover||Covered by U.S. Patent No. 9,315,303; 9,981,784|
|Manway||Manway Cover with Seal||Covered by U.S. Patent No. 9,415,907|
THE “PRODUCT” IS LIMITED TO SOLELY MEAN THE BAIER RAIL TANK CAR SINGLE BOLT MANWAY WHEN INSTALLED BY A CERTIFIED TANK CAR FACILITY IN ACCORDANCE WITH BAIER RAIL’S SPECIFICATIONS. FAILURE TO HAVE THE PRODUCT INSTALLED BY A CERTIFIED TANK CAR FACILITY, AND USED AND MAINTAINED, IN ACCORDANCE WITH BAIER RAIL’S SPECIFICATIONS AND INSTRUCTIONS VOIDS THIS LIMITED WARRANTY.
- BAIER MARINE COMPANY INC. (BAIER) warrants the Product to be free from material defects in parts and workmanship. The period of this Limited Warranty shall be one (1) year from the date of installation or two (2) years from the date of initial purchase by the Purchaser, whichever occurs first. If within this Limited Warranty time period, the Product shall be proved to BAIER’S reasonable satisfaction to have been materially defective, the Purchaser’s sole and exclusive remedy and BAIER’s liability shall be limited to the repair or replacement of the defective part(s) at a cost not to exceed the original purchase price FOB BAIER’S production facility. Choice of repair or replacement shall solely be at BAIER’S discretion. NOTE THAT FAILURE OF A BAIER RAIL MANWAY TO PASS AN ASSOCIATION OF AMERICAN RAILROADS’ SERVICE TRIAL SHALL NOT CONSTITUTE A MATERIAL DEFECT FOR PURPOSES OF THIS LIMITED WARRANTY.
- BAIER shall have no obligation under this Limited Warranty, or any other liability, now or in the future if damage, including but not limited to any real or personal property damage or any personal injury or death, is caused or contributed to by any: (1) act(s), conduct or omission(s) by any person, which damages the Product; (2) alterations or repairs to the Product not approved in advance and in writing by BAIER; or (3) failure by the Purchaser to use reasonable care in maintaining the Product.
- This Limited Warranty does not cover reimbursement for transportation, removal, installation, or other expenses that may be incurred in connection with repair or replacement unless expressly authorized in advance and in writing by BAIER.
- BAIER’S obligation under this Limited Warranty is strictly limited, at its sole discretion, to: (1) repair or replacement at its factory of those parts proven materially defective; (2) refunding to the Purchaser money paid to BAIER for the Product; or (3) issuance of written authorization for the Purchaser to repair or replace, at costs comparable to BAIER’S normal manufacturing costs, those parts proven materially defective, provided that the Purchaser has given to BAIER immediate notice upon discovery of such material Parts claimed to be materially defective shall not be returned without first obtaining BAIER’S written consent. The undertaking of repair or replacement by the Purchaser, or its agents, without BAIER’S prior written consent, shall void BAIER’S Limited Warranty and relieve BAIER of all responsibility thereunder or otherwise under applicable law.
BAIER DOES NOT WARRANT PRODUCTS OR MATERIALS THAT IT HAS NOT FURNISHED. BAIER SPECIFICALLY DISCLAIMS LIABILITY, UNDER ANY THEORY OF LAW, ARISING OUT OF THE INSTALLATION OR OPERATION OF, OR DAMAGES SUSTAINED BY OR CAUSED BY, PRODUCTS OR MATERIALS NOT FURNISHED BY BAIER. THIS LIMITED WARRANTY SUPERSEDES AND IS IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY SHALL BE THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY AGAINST BAIER, AND BAIER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS. THIS LIMITED WARRANTY CANNOT BE AMENDED, ALTERED OR MODIFIED IN ANY WAY EXCEPT IN WRITING SIGNED BY AN AUTHORIZED OFFICER OF BAIER. NO OTHER PERSON HAS ANY AUTHORITY TO BIND BAIER WITH RESPECT TO ANY REPRESENTATION OR WARRANTY WHETHER ORAL OR WRITTEN