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WARRANTY DISCLAIMER FOR PRODUCTS OF MAHLE
AFTERMARKET INC., SERVICE SOLUTIONS (MSS)
1. MSS'S WARRANTY
This is to certify that MAHLE Aftermarket Inc., MSS Division arrants
to the first retail purchaser only, the described ne product
manufactured by it to be free from defects in materials and
orkmanship, hen properly maintained, nder normal se and
service for a period of ONE YEAR. All spare parts supplied by MSS
ill have a 90 day arranty. This arranty includes the reasonable
cost of parts and materials as ell as non-overtime labor. MSS shall
be the sole judge of hether failure is arrantable.
2. PURCHASER'S REMEDY
P rchaser's sole and excl sive remedy nder this warranty shall
be limited to the repair or replacement, at MSS’s option, of any
defective part of the prod ct. P rchaser shall call MSS Technical
S pport who will assist P rchaser in diagnosing the problem
and, if deemed necessary, will immediately ship replacement
parts for installation by P rchaser if so req ested. If P rchaser
req ests Factory service, repairs nder this warranty shall only
be made at a location designated by MSS.
3. DURATION
This arranty ill expire one year from date of delivery to the first
retail purchaser.
4. PURCHASER'S DUTIES
(a) Register product ith MSS by returning completed Warranty
Registration ithin 90 days of delivery of unit.
(b) Transportation Expense: Transportation expenses to and from
the MSS's facility are to be borne by the Purchaser.
(c) Notice of breach: Purchaser shall give ritten notice to MSS of
any alleged refusal or failure of MSS to repair or replace as
promised by this arranty no later than fifteen days after the
Purchaser learns of such alleged failure or refusal.
5. DISCLAIMER
THE EXPRESS WARRANTY HEREIN IS IN LIEU OF ANY AND ALL
OTHER WARRANTIES, EXPRESSED OR IMPLIED. NO IMPLIED
WARRANTY OF MERCHANTABILITY IS MADE AND THERE ARE NO
WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON
THE FACE HEREOF.
6. EXCLUSIONS
The arranty and obligations stated here shall not apply to:
(a) Any product not registered ithin 90 days of delivery.
(b) Any product repaired or altered ithout prior approval of MSS
so as to affect adversely its stability or reliability.
(c) Any product subjected to misuse, abuse or accident as ell as
products used in a manner contrary to ritten instructions or
normal operating procedure.
(d) Any damage to product during original shipment or subsequent
shipments to MSS’s facility for service.
(e) Portions of products hich are subject to arranties, if any,
given by their manufacturers. MSS does not adopt these
arranties.
6. EXCLUSIONS (Contin ed)
(f) Parts, accessories or other items manufactured by others hich
are used or installed on the product as a result of Purchaser's
specifications.
(g) Used items furnished by the Purchaser for installation on the
product.
(h) Items hich are not defective, but must be replaced during the
arranty period as a result of fair ear and tear or scheduled
maintenance.
(i) Hoses, field service couplings, adapters, gaskets and O-rings
carry a ninety day arranty.
(j) Filters, vacuum pump oil and compressor oil are considered
consumables and are not covered by any arranty.
(k) The Warranty may be considered void if evidence of any
refrigerant system sealer is found in any of the internal
components of an MSS recovery/recycling machine.
(l) Refrigerant loss is not covered. The Purchaser is responsible for
detecting system leaks and advising MSS of same if
arrantable repair is required.
(m) Calibration of equipment, having integrated solid-state controls
and load cells for eighing fluids, is not covered beyond the
initial setup and commissioning of the equipment. The
requirement for calibration of load cell controls is considered
normal maintenance and is dependent on many factors, the
main one being the care taken hen moving the equipment
about the shop.
7. EXCLUSION OF LOST PROFITS AND OTHER
CONSEQUENTIAL DAMAGES
MSS ill have no liability for any lost profit, cargo loss, usage loss or
other consequential damages alleged to have been caused by any
defect in the product or any failure of MSS to meet any obligation
under this agreement including the obligation to repair and replace
set forth in Paragraph 2.
8. LIMITATIONS OF ACTIONS
No action for breach of this arranty shall commence more than one
year after the accrual of the cause of action.
9. MERGER
This ritten arranty is the complete, final and exclusive agreement
of the parties ith respect to the quality or performance of the goods
and any and all arranties and representations, except arranty
extensions, if any, in riting as applicable.
10. NO ORAL MODIFICATIONS OR WAIVERS
No modification of this arranty or aiver of its terms shall be binding
on either party unless approved in riting by an authorized official of
the parties.
11. GOVERNING LAW
This arranty and the rights and duties of the parties under this
arranty shall be governed by the la of Pennsylvania, the state of
the MSS’s principle place of business.
MAHLE Aftermarket Inc., Service Sol tions
10 Innovation Drive
York, PA 17402 USA
800-468-232
