Spaulding Equipment Company warrants that the replacement parts furnished by it shall be free from defects in workmanship and material. Spaulding’s warranty obligation shall be limited to replacing or repairing, F.O.B. Spaulding’s facility or allowing for credit at Spaulding option, any part which under normal and proper use and maintenance proves defective in material and workmanship within twelve (12) months after installation by the first user, provided however, that notice of any such defect and satisfactory proof thereof is promptly and properly given to Spaulding, and such material shall have been returned to Spaulding, transportation charges prepaid, and found by Spaulding to have been defective. No products shall be returned without prior written approval by Spaulding. Spaulding Equipment Company shall not be liable for any incidental or consequential damages or liabilities, or for failures arising out of any application of its products not expressly approved by it in writing for such specific application.

This warranty shall not apply in any case involving misuse, neglect or negligence, operation beyond rated capacity, substitution of parts not approved by Spaulding Equipment Company, or in any instance in which any product has been repaired, or modified in any way, which in the sole judgment of Spaulding affects the performance, stability, or purpose for which it was manufactured.

This warranty is in lieu of all other warranties or representations, expressed, implied or statutory, and Spaulding Equipment Company is to be wholly discharged of liability thereunder.