KINCAID Equipment
Manufacturing
Standard Warranty
Seller warrants goods against defects
in workmanship and material under normal and proper use
and operating
conditions for a period of 12 months from date of purchase
(Seller’s Limited Warranty”) to the original
Purchaser. There are no understanding, agreements, representations
for warranties, either expressed or implied, including
without limitation the implied warranties of merchantability
and fitness for a particular purpose respecting the goods
other than or different from the Seller’s Limited
Warranty.
Seller’s Limited Warranty is subject to the following
limitations and conditions:
Seller’s Limited Warranty shall become void and
terminate if Buyer makes alterations to goods without
first obtaining Seller’s prior written approval.
The Seller’s Limited Warranty shall be rendered
null and void to the extend any defect or failure of
the products warranted hereby arises out of or is caused
by accessories or component parts not manufactured or
supplied by Seller, whether same or supplied by Purchaser,
dealers or any other party. On all materials or parts
purchased by Seller from vendors, Seller’s Limited
Warranty shall not extend in duration or effect beyond
terms and conditions of warranty, if any, given to Seller
by such vendors.
Limitation of Remedies:
In the event of any failure of goods to
perform was warranted, Sell will, at Seller’s sole option, replace or
repair goods, or refund the purchase price of defective
portion of good supplied to Buyer: all other costs, including
shipping costs are excluded. Replacement parts provided
under the terms of this warranty are warranted for the
remainder of the warranty period applicable to the product
in which installed, as if such parts were original components
of the product. The liability of Seller is expressly
limited to these remedial measures; and it is understood
and agreed that the purchase price stated herein for
goods in based upon Seller’ Limited Warranty and
the Limitation of set out herein. In no event shall Seller
be responsible for any INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
damages or damages from tort arising out of or in connection
with the use of goods, including without limitation the
loss of contents and downtime. Any action brought by
Buyer arising out of or in connection with a branch of
Seller’s Limited Warranty shall able commenced
within one year after tender of delivery of goods or
within one year after such cause of action shall have
accrued, whichever shall first occur. and not thereafter.
Unless noted, this agreement does not contemplate any
future performance by Seller after the tender of delivery
of goods. If Buyer desires to make a claim, he shall
notify Seller in writing before making any repairs or
alterations of any kind to goods. Once a claim has been
made, Seller shall have the right to perform on-site
inspections of goods, or in the alternative, if so instructed
by Seller, Buyer shall ship goods. or nay part thereof,
claimed to be defective to Seller under its shipping
instructions and by freight prepaid. If goods or any
part thereof are found to be defective, credit will be
issued by Seller to cancel the charge of replacement.
If Seller is required to do work on Buyer’s premises,
Seller shall be granted permission to perform such work
with its own service personnel under nonunion conditions.
Any repairs or alterations made without prior notification
are at the owner’s expense and may void the remainder
of the warranty. Preparations for inspection or repair
(such as removing product and washing down coating) will
be the sole responsibility and expense of the Buyer. |
