| 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. |
