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LIMITED WARRANTY FOR SCHERER H.P.S. KERNEL PROCESSOR
IT IS EXPRESSLY AGREED THAT THE FOLLOWING WARRANTY IS GIVEN BY SCHERER
DESIGN ENGINEERING, INC. IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION OR LIABILITY ON
OUR PART OF ANY KIND OR NATURE WHATSOEVER.
No representative of ours has any authority to waive, alter, vary or add to the terms hereof without prior
approval in writing, to our customer, signed by an officer of our company. It is expressly agreed that
the entire warranty given to the customer is embodied in this writing; that this writing constitutes the
final expression of the parties’ agreement with respect to warranties; and that it is a complete and
exclusive statement of the terms of the warranty.
We warrant to our customers that all products manufactured by us will be free from any manufacturing
defects at the time of shipment to our customer for a period of one (1) year from the date of shipment.
All warranty claims must be submitted to us within ten days of discovery of defects within the warranty
period, or shall be deemed waived. As to our products that are proven to have been defective at the
time of shipment, and that were not damaged in shipment, the sole and exclusive remedy shall be repair
or replacement of the defective parts or repayment of the proportionate purchase price for such
products or parts, at our option. Replacement parts shall be shipped free of charge f.o.b. from our
factory. This constitutes a full and complete statement of the warranty provided and the product is
otherwise deemed to have been accepted AS IS and with all faults.
This warranty shall not apply to any product which has been subject to operator misuse;
misapplication, neglect (including but not limited to improper maintenance and storage); accident;
improper installation, modification (including but not limited to use of unauthorized parts or
attachments), adjustment, repair or lubrication. Misuse also includes, without implied limitation,
deterioration in the product or part caused by chemical action, wear caused by the presence of abrasive
materials, improper lubrication, and failure to clean the processor area daily and to follow the
lubrication instructions which are provided. Identifiable items manufactured by others but installed in
or affixed to our product are not warranted by us but, bear only those warranties, express or implied,
given by the manufacturer of that item, if any.
Responsibility for proper use, installation, and application of the Scherer H.P.S. Kernel Processor rests
solely with customer and it is expressly agreed between the parties that our liability for any damages
arising out of or related to this transaction, or the use of our product, whether in contract, tort, or based
upon any state or federal claim whatsoever, is exclusively limited to the repair or replacement of the
product, or the parts thereof by us, or to a refund of the proportionate purchase price. We will not be
liable for any other injury, loss, damage or expense, whether direct or consequential, including but not
limited to loss of use, income, profit, production, or increased costs of operation, or spoilage of or
damage to material, arising in connection with the sale, installation, use of, inability to use, or the
replacement of, or late delivery of, our product.
It is also expressly agreed that any cause of action for breach of any warranty must be brought within
one year from the date of the breach. Nothing contained herein shall be deemed to abrogate any legal
rights or defenses the Producer may have relative to this product.
