Manufacturer Warranties and Limitation of Liability
Manufacturer Warranties.
Subject to the limitations set forth herein, Manufacturer
warrants that the Products manufactured by it in its Northford, Connecticut facility
and sold by it to its authorized Distributors shall be free, under normal use and
service, from defects in material and workmanship for a period of thirty six months
(36) months from the date of manufacture (effective Jan. 1, 2009). The Products
manufactured and sold by Manufacturer are date stamped at the time of production.
Manufacturer does not warrant Products that are not manufactured by it in its
Northford, Connecticut facility but assigns to its Distributor, to the extent possible,
any warranty offered by the manufacturer of such product. This warranty shall be
void if a Product is altered, serviced or repaired by anyone other than Manufacturer
or its authorized Distributors. This warranty shall also be void if there is a failure to
maintain the Products and the systems in which they operate in proper working
conditions.
MANUFACTURER MAKES NO FURTHER WARRANTIES, AND DISCLAIMS ANY
AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH
RESPECT TO THE PRODUCTS, TRADEMARKS, PROGRAMS AND SERVICES
RENDERED BY MANUFACTURER INCLUDING WITHOUT LIMITATION,
INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY
PARTICULAR PURPOSE. MANUFACTURER SHALL NOT BE LIABLE FOR ANY
PERSONAL INJURY OR DEATH WHICH MAY ARISE IN THE COURSE OF, OR AS
A RESULT OF, PERSONAL, COMMERCIAL OR INDUSTRIAL USES OF ITS
PRODUCTS.
This document constitutes the only warranty made by Manufacturer with respect to
its products and replaces all previous warranties and is the only warranty made by
Manufacturer. No increase or alteration, written or verbal, of the obligation of this
warranty is authorized. Manufacturer does not represent that its products will
prevent any loss by fire or otherwise.
Warranty Claims.
Manufacturer shall replace or repair, at Manufacturer's discretion,
each part returned by its authorized Distributor and acknowledged by Manufacturer
to be defective, provided that such part shall have been returned to Manufacturer
with all charges prepaid and the authorized Distributor has completed Manufacturer's
Return Material Authorization form. The replacement part shall come from
Manufacturer's stock and may be new or refurbished. THE FOREGOING IS
DISTRIBUTOR'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A
WARRANTY CLAIM.
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