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Warranty Information
| 1. |
WHAT IS COVERED BY THIS WARRANTY:
Mobil-Eze Systems (MES) warrants, to the original purchaser only, that the product
that is subject of this sale (a) conforms to MESī published specifications and (b) is
free from defects in material or workmanship. This warranty expires one year from the
date of delivery. If the buyer discovers within this period a failure of the product
to conform to specifications, or a defect in material or workmanship, the buyer must
promptly notify MES in writing. In no event may that notification be received by
MES no later than 13 months from the date of delivery. Within a reasonable time
after notification, MES will correct any failure of the product to conform to
specifications or any defect in material or workmanship, with either new or used
replacement parts. Such repair, including both parts and labor, will be performed
at MES expense. All warranty service will be performed at service centers designated
by MES. If MES is unable to repair the product to conform to the warranty after a
reasonable number of attempts, MES will provide a replacement. This remedy is the
buyers only remedy for breach of warranty. |
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| 2. |
WHAT IS NOT COVERED BY THIS WARRANTY:
MES does not warrant (a) any product, components, or parts not manufactured
by MES; (b) defects caused by failure to provide a suitable installation environment
for the product; (c) damage caused by disasters such as fire, flood, wind and
lightning; (e) damage caused by unauthorized attachments or modifications; (f) damage
during shipment; (g) damage caused by failure to operate equipment in accordance with
owners manual; or (h) any other abuse or misuse by the purchaser.
The buyer is not entitled to recover consequential damages in connection with
any breech of this contract by the seller. |
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| 3. |
DISCLAIMER OF WARRANTY:
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. |
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| 4. |
LIMITATION OF REMEDIES:
In no event will MES be liable for any special, incidental, or consequential
damages based on breach of warranty, breach or contract, negligence, strict tort, or
any other legal theory. Damages that MES will not be responsible for include, but are
not limited to, loss of profits; loss of savings or revenue; loss of use of the product
or any associated equipment; cost of capital; cost of any substitute equipment,
facilities, or services; downtime; the claims of third parties including customers;
and injury to property. This limitation does not apply to damages caused by breach
of the warranty of title and against infringements or to claims for personal injury. |
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| 5. |
NO OTHER WARRANTIES:
Unless modified in writing signed by both parties, this agreement is understood to
be the complete and exclusive agreement between the parties, superseding all or oral or
written prior agreements and all other communications between the parties relating to
the subject matter of this agreement, including statements made by salespersons. No
employee of MES or any other party is authorized to make any warranty in addition to
those made in this agreement. The buyer is warned, therefore, to check this agreement
carefully to see that it correctly reflects those terms that are important to the buyer. |
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| 6. |
ALLOCATION OF RISKS:
This agreement allocates the risk of product failure between MES and the buyer.
This allocation is recognized by both parties and is reflected in the price of the goods.
The buyer acknowledges that he/she has read this agreement, understands it, and is bound
by its terms. |
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