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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 warrants
to the first retail purchaser only, the escribe new pro uct
manufacture by it to be free from efects in materials an
workmanship, when properly maintaine , under normal use and
service for a period of ONE YEAR. All spare parts supplie by MSS
will have a 90 ay warranty. This warranty inclu es the reasonable
cost of parts an materials as well as non-overtime labor. MSS shall
be the sole ju ge of whether failure is warrantable.
2. URCHASER'S REMEDY
urchaser's sole and exclusive remedy under this warranty shall
be limited to the repair or replacement, at MSS’s option, of any
defective part of the product. urchaser shall call MSS Technical
Support who will assist urchaser in diagnosing the problem
and, if deemed necessary, will immediately ship replacement
parts for installation by urchaser if so requested. If urchaser
requests Factory service, repairs under this warranty shall only
be made at a location designated by MSS.
3. DURATION
This warranty will expire one year from ate of elivery to the first
retail purchaser.
4. URCHASER'S DUTIES
(a) Register pro uct with MSS by returning complete Warranty
Registration within 90 ays of elivery of unit.
(b) Transportation Expense: Transportation expenses to an from
the MSS's facility are to be borne by the Purchaser.
(c) Notice of breach: Purchaser shall give written notice to MSS of
any allege refusal or failure of MSS to repair or replace as
promise by this warranty no later than fifteen ays after the
Purchaser learns of such allege 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 warranty an obligations state here shall not apply to:
(a) Any pro uct not registere within 90 ays of elivery.
(b) Any pro uct repaire or altere without prior approval of MSS
so as to affect a versely its stability or reliability.
(c) Any pro uct subjecte to misuse, abuse or acci ent as well as
pro ucts use in a manner contrary to written instructions or
normal operating proce ure.
( ) Any amage to pro uct uring original shipment or subsequent
shipments to MSS’s facility for service.
(e) Portions of pro ucts which are subject to warranties, if any,
given by their manufacturers. MSS oes not a opt these
warranties.
6. EXCLUSIONS (Continued)
(f) Parts, accessories or other items manufacture by others which
are use or installe on the pro uct as a result of Purchaser's
specifications.
(g) Use items furnishe by the Purchaser for installation on the
pro uct.
(h) Items which are not efective, but must be replace uring the
warranty perio as a result of fair wear an tear or sche ule
maintenance.
(i) Hoses, fiel service couplings, a apters, gaskets an O-rings
carry a ninety ay warranty.
(j) Filters, vacuum pump oil an compressor oil are consi ere
consumables an are not covere by any warranty.
(k) The Warranty may be consi ere voi if evi ence of any
refrigerant system sealer is foun in any of the internal
components of an MSS recovery/recycling machine.
(l) Refrigerant loss is not covere . The Purchaser is responsible for
etecting system leaks an a vising MSS of same if
warrantable repair is require .
(m) Calibration of equipment, having integrate soli -state controls
an loa cells for weighing flui s, is not covere beyon the
initial setup an commissioning of the equipment. The
requirement for calibration of loa cell controls is consi ere
normal maintenance an is epen ent on many factors, the
main one being the care taken when moving the equipment
about the shop.
7. EXCLUSION OF LOST ROFITS AND OTHER
CONSEQUENTIAL DAMAGES
MSS will have no liability for any lost profit, cargo loss, usage loss or
other consequential amages allege to have been cause by any
efect in the pro uct or any failure of MSS to meet any obligation
un er this agreement inclu ing the obligation to repair an replace
set forth in Paragraph 2.
8. LIMITATIONS OF ACTIONS
No action for breach of this warranty shall commence more than one
year after the accrual of the cause of action.
9. MERGER
This written warranty is the complete, final an exclusive agreement
of the parties with respect to the quality or performance of the goo s
an any an all warranties an representations, except warranty
extensions, if any, in writing as applicable.
10. NO ORAL MODIFICATIONS OR WAIVERS
No mo ification of this warranty or waiver of its terms shall be bin ing
on either party unless approve in writing by an authorize official of
the parties.
11. GOVERNING LAW
This warranty an the rights an uties of the parties un er this
warranty shall be governe by the law of Pennsylvania, the state of
the MSS’s principle place of business.
MAHLE Aftermarket Inc., Service Solutions
10 Innovation Drive
York, PA 17402 USA
800-468-232