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SECTION 1-GENERAL INFORMATION
1.1 Warranty
HYDRAULIC POWER SYSTEMS, INC. hereby warrants that the Model 500 is free from defects in material and workmanship attributable to HYDRAU-
LIC POWER SYSTEMS, INC. under normal use and service for a period of ninety (90) days from date of delivery of such machine.
THE EXCLUSIVE REMEDY OF THE BUYER UNDER THIS WARRANTY is the repair or replacement, without charge, of any defective part or parts of
this machine as long as buyer notifies HYDRAULIC POWER SYSTEMS, INC. by registered mail of such defect within seventy-five (75) days from the
date of delivery of this machine.
Any part or parts claimed to be defective must be shipped to the HYDRAULIC POWER SYSTEMS, INC. factory at 1203 Ozark, N. Kansas
City, Missouri 64116, transportation prepaid. The HYDRAULIC POWER SYSTEMS, INC. acceptance of any part so shipped shall not be deemed an
admission that the part is defective, and if HYDRAULIC POWER SYSTEMS, INC. finds that any part returned is not defective, such part shall be re-
shipped to the Buyer at Buyer’s expense.
THE BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST HYDRAULIC POWER SYSTEMS, INC. UNDER THIS WARRANTY shall be
for the REPAIR OR REPLACEMENT of defective parts as provided above. THE BUYER AGREES THAT NO OTHER REMEDY, INCLUDING, BUT
NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSONS OR PROPERTY
OR OTHER INCIDENTAL OR CONSEQUENTIAL LOSS SHALL BE AVAILABLE TO THE BUYER.
THE SOLE PURPOSE OF THE STIPULATED EXCLUSIVE REMEDY shall be to provide the Buyer with free repair or replacement of defec-
tive parts in the manner provided herein. This EXCLUSIVE REMEDY shall not be deemed to fail of its essential purpose so long as HYDRAULIC
POWER SYSTEMS, INC. is willing and able to repair or replace defective parts in the prescribed manner. THE BUYER SHALL NOT BE REQUIRED
TO DELIVER A DEFECTIVE PART TO HYDRAULIC POWER SYSTEMS, INC. IF:
(1) The part was destroyed as a result of its defect in any party covered in the warranty.
AND
(2) HYDRAULIC POWER SYSTEMS, INC. is reasonably satisfied that the part was defective at the time of sale.
If both of these conditions are met, HYDRAULIC POWER SYSTEMS, INC. shall replace the part in the same manner provided herein as if
the Buyer had delivered it to HYDRAULIC POWER SYSTEMS, INC. at its factory.
THIS WARRANTY SHALL NOT APPLY to any machinery which has suffered abuse, misuse, neglect or accident or to any machinery which has been
altered so as to affect its ability or reliability, (except where such alteration has been accomplished with the prior written consent of HYDRAULIC
POWER SYSTEMS, INC.) or which has been repaired in any way by the Buyer without the prior written consent of HYDRAULIC POWER SYSTEMS,
INC. or which has been negligently installed by the Buyer.
WARNING: THIS PRODUCT IS NOT TO BE USED IN ANY FASHION DIFFERENT FROM THAT WHICH BUYER HAS ADVISED SELLER SHALL
BE ITS INTENDED USE. NO WARRANTY CONVEYED HEREIN SHALL APPLY TO A USE OTHER THAN THAT WHICH BUYER HAS INDICATED
TO SELLER AT THE TIME OF PURCHASE.
SELLER DOES NOT WARRANT PRODUCTS MANUFACTURED BY OTHER MANUFACTURERS WHICH MAY BE USED IN THE ASSEMBLY OF
THE TOTAL PRODUCT SOLD BY SELLER, BUYER’S SOLE REMEDY AS TO PRODUCTS MANUFACTURED BY OTHERS SHALL BE PURSUED
WITH SUCH OTHER COMPONENT PRODUCT MANUFACTURERS.
THE BUYER EXPRESSLY UNDERSTANDS THAT HYDRAULIC POWER SYSTEMS, INC. HAS MADE NO EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED OR EXPRESSED WARRANTIES FOR MERCHANTABILITY OR FITNESS, OTHER
THAN THE EXPRESSED WARRANTY SET FORTH ABOVE. THE SELLER, HEREBY, DISCLAIMS ALL OTHER EXPRESSED WARRANTIES, IM-
PLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER IMPLIED WARRANTIES.
Any oral statements made by any person about the machine described in the Agreement DO NOT CONSTITUTE WARRANTIES and are not part of
this Agreement. The entire Agreement between the parties hereto is embodied in this writing. This writing constitutes the final expression of the par-
ties’ Agreement, and it is a COMPLETE AND EXCLUSIVE STATEMENT of the terms of that Agreement. All oral or written agreements between the
parties made prior to the execution of this Agreement are hereby merged herein. This Agreement SHALL NOT BE MODIFIED OR ALTERED in any
way other than by writing, signed by the parties to the Agreement, their successors or authorized agents, and this Agreement SHALL NOT BE VAR-
IED, SUPPLEMENTED, QUALIFIED, EXPLAINED, OR INTERPRETED BY ANY PRIOR COURSE OR DEALING BETWEEN THE PARTIES OR BY
ANY USAGE OF TRADE.
HYDRAULIC POWER SYSTEMS, INC.
1203 Ozark
North Kansas City, Missouri 64116