2007 Komatsu PC35MR Excavator

ALL MATERIAL IS SOLD AS IS, WHERE IS, AND WITH ALL FAULTS.  Central City Steel, Inc. (“CCS”) specifically disclaims all warranties, express or implied, including all warranties of condition, merchantability and fitness for a particular purpose.  All specifications related to the material are approximate.  CCS does not guarantee that materials are free of any particular defect and shall not accept a claim for deficient quality.  IN NO EVENT SHALL CCS HAVE LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE GOODS SOLD HEREUNDER NOR SHALL CCS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS, DAMAGE OR INJURY TO ANY PARTY OR FOR DELAYS OR LOST PROFITS THAT MAY ARISE IN CONNECTION WITH ANY DEFECT IN THE MATERIALS.  All claims by Purchaser for shortages, defects or discrepancies in materials purchased hereunder must be submitted in writing to CCS within ten days after receipt of such materials by Purchaser.  Purchaser’s failure to notify Seller within the prescribed time period shall constitute a forfeiture of the right to pursue any such claims.