LIMITED WARRANTY
Manufacturer warrants all products manufactured by it will be free from defects in material and workmanship for
one (1) year following the date of manufacture. If any of the goods are found to be defective, such goods will, at
manufacturer's option be replaced or repaired at manufacturer's cost. The parties hereto expressly agree that
buyer's sole and exclusive remedy against the manufacturer shall be for the repair or replacement of defective
goods as provided herein. (The sole purpose of the stipulated exclusive remedy shall be to provide the buyer
with free repair and replacement of defective goods in the manner provided herein. The exclusive remedy s
hall
not be deemed to have failed of its essential purpose so long as the manufacturer is willing and able to repair or
replace defective goods in the prescribed manner.) Goods which may be sold by manufacturer but are not
manufactured by it are not warranted by manufacturer, but are sold only with the warranties, if any, of the
original manufacturers thereof. (This warranty does not cover labor or other costs or expenses to remove or
install any defective, repaired or replaced goods.) Manufacturer's warranty does not apply to any goods which
have been subjected to misuse, mishandling, misapplication, neglect (including but not limited to use of
unauthorized parts or attachments), or adjustment or repair performed by anyone other than manufacturer or one
of
manufacturer's authorized agents.
Any claim by buyer with reference to the goods sold hereunder shall be deemed waived by the buyer unless
submitted in writing to manufacturer within the earlier of (1) thirty (30) days following the date buyer
discovered
or by reasonable inspection should have discovered, any claimed breach of the foregoing warranty, or
(2) thirteen (13) months following the date of manufacture. Any cause of action for breach of the foregoing
warranty shall be brought within one year from the date the alleged breach was discovered or should have been
discovered, whichever comes first.
LIMITATION OF LIABILITY. Manufacturer's liability (whether under the theories of breach of contract or
warranty, negligence, or strict liability) for its goods shall be limited to repairing or replacing parts found by the
manufacturer to be defective, or at manufacturer's option, to refunding the purchase price of such goods or parts
thereof.
DISCLAIMER OF CONSEQUENTIAL DAMAGES. In no event shall manufacturer be liable for
consequential damages arising out of or in connection with this agreement, including without limitation breach
of any obligation imposed on manufacturer hereunder or in connection herewith. Consequential damages for
purposes hereof shall include, without limitation (including death) to any person, or loss of or damage to
property (including without limitation property handled or processed by the use of goods). Buyer shall indemnify
manufacturer against all liability, cost or expense which may be sustained by manufacturer on account of any
such loss, damage or injury.
DEFECTIVE PRODUCTS POLICY. To obtain performance under this warranty, any product suspected of
having a manufacturing defect in materials or workmanship at manufacturers request must be returned to
CHERNE INDUSTRIES INCORPORATED, freight prepaid, for inspection. A returned goods authorization
must be obtained before shipping any product back to CHERNE. Call 1-800-843-7584 and ask for customer
service.
CUSTOMER TRANSPORTATION REIM
BURSEMENT.
Whenever CHERNE repairs or replaces a
product at CBERNE'S expense CHERNE will reimburse the distributor by credit memo, the same surface freight
amount it cost CHERNE to return the warranty items.
The foregoing warranty is in lieu of all other
warranties express or implied, including those of merchantability or
fitness for any purpose not expressly set forth herein. No affirmation of manufacturer, by words or action, other
than as set forth in this language shall constitute a warranty.
