Warranty Limitation Provision

Contracting for Profit

Warranty Limitation Provision

SELLER warrants to BUYER that the work performed by SELLER shall be free from defects in workmanship and material for the length of time stated in the Order Form after the date of delivery of the Remanufactured Equipment to a carrier EX WORKS or the storage of the Remanufactured Equipment by SELLER.

SELLER'S sole obligation under this warranty will be limited to, at SELLER'S option, to repair or replace any parts installed by SELLER in the Remanufactured Equipment which SELLER reasonably determines are not in conformity with this warranty. Subject to its evaluation and at its option, SELLER shall repair EX WORKS its facility parts not conforming to this warranty when returned, within fifteen (15) days of issuance of written return authorization by SELLER, to SELLER'S factory, transportation prepaid, provided that SELLER receives prompt written notification of such defects, the Remanufactured Equipment has been operated in accordance with applicable instructions and properly maintained, has not been misused, altered or repaired by BUYER or anyone acting on BUYER'S behalf, and was installed properly. All returned parts become SELLER'S property.

Correction of such defects by repair or replacement of parts installed by SELLER in the Remanufactured Equipment at SELLER'S facility or its designee's facility and shipment of the repaired or replacement part(s) to BUYER EX WORKS from SELLER'S facility or its designee's facilities shall constitute BUYER'S sole and exclusive remedy and the fulfillment of all of SELLER'S obligations.

BUYER UNDERSTANDS AND AGREES THAT THE WARRANTY STATED IN THIS AGREEMENT APPLIES ONLY TO THE REMANUFACTURING SERVICES AND ANY NECESSARY PART(S) OR COMPONENTS SOLD HEREUNDER AND NOT TO THE REMANUFACTURED EQUIPMENT ITSELF.

UNLESS OTHERWISE AGREED IN WRITING, SELLER DOES NOT GIVE ANY PERFORMANCE GUARANTIES WITH RESPECT TO THE REMANUFACTURED EQUIPMENT. THIS WARRANTY EXTENDS TO BUYER ONLY AND NOT TO BUYER'S CUSTOMERS, USERS OF BUYER'S PRODUCTS OR ANY PERSON ACQUIRING THE EQUIPMENT FROM BUYER OR ANY UNTRAINED PERSON USING THE REMANUFACTURED EQUIPMENT.