The Company warrants to the Purchaser that it will repair or replace at its option, any Equipment, or parts of Equipment, which, in the Company’s judgment is defective in material or workmanship for a period of one (1) year after the date of shipment from the Company’s facility. Exceptions as follows:
- Powder Coated Silencers and Powder Coated Emissions Housings will carry a one (1) year warranty.
- Serenity™ products will carry a one (1) year warranty.
- Stainless Steel Silencers and Stainless Steel Emissions Housings will carry a three (3) year warranty.
This limited warranty to repair or replace is conditioned upon the Equipment being properly installed and maintained and operated under normal conditions. The Company shall be the sole judge in determining the nature of any defect in any of its Equipment and its sole obligation shall be to repair or replace the Equipment or any parts of the Equipment at its sole discretion and option.
Equipment, accessories, and other parts and components not manufactured by the Company are warranted only to the extent of and by the original manufacturer’s warranty to the Company, and in no event shall such other manufacturer’s warranty create any more extensive warranty obligations of the Company to the Purchaser than the Company’s warranty covering Equipment manufactured by the Company.
Exclusions from Warranty
THE FOREGOING LIMITED WARRANTY OF REPAIR OR REPLACEMENT IS THE SOLE WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER, WHETHER ORAL, EXPRESSED, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE USAGE, OR COURSE OF DEALING, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES RELATING TO MATERIALS OR COMPONENTS MANUFACTURED BY ANY PARTY OTHER THAN THE COMPANY.
The Company’s warranty is solely as stated in (a) above and does not apply or extend, for example, to expendable items, ordinary wear and tear, altered Equipment, altered parts of Equipment, Equipment or parts of Equipment repaired by persons not expressly approved by the Company, materials not of the Company’s manufacture, defects caused by the Company’s reliance on specifications or directions provided by Purchaser, defects caused by the Purchaser’s failure to comply with the Company’s directions or specifications, accident, the elements, abuse, misuse, lack of proper maintenance, or by erosive or corrosive substances.
Warranty Adjustment
The Company shall repair or shall replace at the Company’s facility, any parts of the Equipment found to be defective in design, workmanship, or material within one (1) year from the date of shipment from the Company’s facility, provided the Equipment is operated by the Purchaser in accordance with generally approved practice and in accordance with the conditions of service, if any, herein specified, and provided the Purchaser notifies the Company within thirty (30) days of discovery of any alleged defect. Exceptions or addendums to the one (1) year period are noted above. Any warranty adjustments made by the Company shall not extend the initial warranty period set forth above. The warranty period for replacements to the Equipment made by the Company shall terminate upon the termination of the initial warranty period set forth above. Expenses incurred by Purchaser for labor to replace or repair or expenses to return to Equipment or any part of parts to Company will not be reimbursed by the Company.
Limitation of Liability
The warranty adjustment provision set forth in this paragraph shall be the Purchaser’s exclusive remedy and the extent of the Company’s liability for breach of contract, breach of implied (if any) and express warranties, representations, instructions, or defects from any cause in connection with the sale or use of the equipment. THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INDIENTAL, DELAY, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS, DAMAGE, OR EXPENSE, DIRECTLY OR INDIRECTING ARISING FROM THE USE OF THE EQUIPMENT, SPARE REPLACEMENT PARTS, OR FROM ANY OTHER CAUSE, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR TORT OR CONTRACT AND THE COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE, regardless of any advices or recommendations that may have been rendered concerning the purchase, installation, or use of the Equipment.