Warranty Exclusion Provision
Nicolai Law Group, P.C., May 24, 2001
Contracting for Profit
Warranty Exclusion Provision
Any items furnished by the SELLER in the Remanufactured Equipment but manufactured by another company shall bear no warranties other than the warranties extended by and enforceable against the original manufacturer at the time of delivery to BUYER (which warranties SELLER will furnish on BUYER's written request).
Any improper use of the Remanufactured Equipment, whether intentional or unintentional, operation beyond capacity, failure to report to SELLER within the warranty period, substitution of parts not approved by SELLER, failure or damage due to misapplication, lack of proper maintenance, abuse, improper installation, or abnormal conditions of temperature, moisture, or corrosive matter, or alteration or repair by others in such manner which in SELLER'S judgment adversely affects the Remanufactured Equipment shall void this warranty.
SELLER shall have no obligations to repair or replace expendable parts which have a normal life under six (6) months.
ALTERATION, MODIFICATION OR UNAUTHORIZED REPAIR OF THE REMANUFACTURED EQUIPMENT, IMPROPER INSTALLATION OR OTHER MISUSE VOIDS THIS WARRANTY AND OPERATES TO RELIEVE SELLER FROM ALL LIABILITY THEREFOR. SALE OR TRANSFER OF THE REMANUFACTURED EQUIPMENT BY BUYER TERMINATES THE WARRANTY.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DESIGN, SALE, MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR PARTICULAR PURPOSE OR USE, AND OF ANY OTHER OBLIGATIONS OR LIABILITY ON SELLER'S PART, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. SELLER NEITHER ASSUMES NOR HAS AUTHORIZED ANY PERSON TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY IN CONNECTION WITH THE REMANUFACTURED EQUIPMENT SOLD BY SELLER, NOR SHALL PROOF OF ALLEGED DEALINGS OR TRADE USAGES, INCONSISTENT WITH THE TERMS HEREOF, BE ADMISSIBLE TO EXPAND THIS OBLIGATION.
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