| PROMAC EQUIPMENT OPERATOR’S MANUAL HSL60
The Seller makes no warranties, guarantees or representations of any kind either
expressed or implied, arising by law or otherwise that shall survive delivery of the
Goods by the Seller to the Purchaser hereunder, except for the Seller’s
representations expressly set forth herein. To the extent the Seller has previously
made any representations or statements that could be construed as a warranty
and/or guarantee, such representations and statements are hereby superseded. The
Seller warrants new equipment, so far as it is the Seller’s own design and
manufacture only, under normal use and service, and providing the equipment is
operated properly, to be free from defects in materials and workmanship for a period
of twelve (12) months after date of shipment.
The Seller warrants new replacement parts, so far as it is the Seller’s own design and
manufacture only, under normal use and service, and providing these parts are
installed properly, to be free from defects in materials and workmanship for a period
of thirty (30) days after date of shipment. The Seller does not warrant rebuilt,
repaired or exchange parts and equipment, this limited warranty is in lieu of any
other expressed or implied warranty including any implied warranty of
merchantability or fitness for a particular purpose. The Purchaser hereby waives all
rights and remedies, warranties, guarantees, obligations or liabilities, expressed or
implied, arising by law or otherwise with respect to all parts delivered including,
without limitation, any obligations of the Seller with respect to any implied warranty
of merchantability; any implied warranty arising from course of performance, course
of dealing or usage of trade; any implied warranty of fitness; and any obligation or
liability of the Seller arising from the negligence of the Seller, actual or imputed, or
for loss of use, revenue or profit with respect to the Goods, for any liability of the
Purchaser to any third party, or any other direct, incidental or consequential
damages.
This limited warranty shall not apply to any of the following: (i) normal wear and tear;
(ii) damage caused by misuse of the Goods; (iii) damage caused by non-observance
of operating, maintenance and repair instructions; (iv) damage caused by unsuitable
use; (v) damage caused by improper handling of Goods; (vi) equipment or parts
which have been repaired or modified by the Purchaser without the Seller’s prior
express written consent; and (vii) equipment or parts which have been subjected to
any repair, use or negligence, which, in the sole discretion of the Seller, has affected
the condition or operation thereof. All repairs and replacements made by the Seller
are subject to the same terms, conditions, limited warranty, disclaimer of warranty,
and limitation of liability and remedy as apply to the original sale of the Goods. With
respect to parts and components manufactured by others, the Seller’s warranty is
limited to the warranty offered by the manufacturer of the part or component.
Effective upon shipment, the Seller hereby assigns to the Purchaser any and all
warranties and claims which it may have received or to which it may be entitled from
the manufacturer of any parts, or to which it may be legally entitled to the extent
that the same are not extinguished by the sale of the parts.
THE FOREGOING WARRANTIES ARE EXCLUSIVE. THE GOODS ARE SOLD
HEREUNDER AS IS, NO OTHER WARRANTIES APPLY TO THESE GOODS, AND NO
WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WHETHER IN
RELATION TO MERCHANTABILITY, HIDDEN DEFECTS, FITNESS FOR PARTICULAR
