| 1. The foregoing warranty is in lieu of and excludes all other
warranties not expressly set forth herein whether express or implied, by operation of law
or otherwise, including but not limited to any implied warranty of merchantability or
fitness for a particular purpose.
2. There is no warranty as to any goods
damaged due to accident, freight damage, abuse, improper installation or maintenance,
modification or reworking, or repair other than Mar-Bel Associates' authorized personnel.
3. Mar-Bel Associates makes no
warranties to those defined as consumers in the Magnuson-Moss Warranty Act.
4. Mar-Bel Associates shall not be
liable for any incidental or consequential damages, losses, or expenses directly or
indirectly arising from the sale, shipping, handling or use of the machinery, or from any
other cause relating thereto, and Mar-Bel Associates' liability hereunder is in any case
expressly limited to the repair or replacement of defective machinery, or, at Mar-Bel
Associates' election, to the repayment or crediting of Customer with an amount equal to
the purchase price of such machinery, whether such claims are based on contract, warranty,
strict liability, or any other theory.
5. Claims: Customer must, within 30 days
of discovery of a claimed defect within the one year warranty period, give written notice
to Mar-Bel Associates of said defect. Equipment must be returned to Mar-Bel Associates,
freight prepaid for warranty service. Machine will be returned to customer freight
collect. |
