OTHER THAN AS MAY BE SET FORTH IN A SEPARATE WRITTEN AGREEMENT, THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THE INVOICE, ANY WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE AND ALL SUCH OTHER WARRANTIES, SPECIFICALLY INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
TO THE FULLEST EXTENT ALLOWED BY LAW, WARREN CAT SHALL NOT BE RESPONSIBLE TO BUYER, IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), PURSUANT TO STATUE OR OTHERWISE FOR DAMAGES CONNECTED WITH USE OF MACHINERY, EQUIPMENT OR PARTS OR THEIR FAILURE TO FUNCTION PROPERLY, LOSS OF USE OF EQUIPMENT, INCONVENIENCE, EXPENSES, LOST TIME, LOSS OF PROFITS OR REVENUES, COST OF RENTAL OR PURCHASE OF REPLACEMENT ENGINE, CLAIMS OR ANY CUSTOMER OR BUYER, OTHER COMMERCIAL LOSS OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR LOSS WHATSOEVER.
ANY DESCRIPTION OF THE GOODS CONTAINED IN THE INVOICE IS FOR THE SOLE PURPOSE OF IDENTIFYING THE GOODS, AND NO DESCRIPTION OF THE GOODS HAS BEEN MADE PART OF THE BASIS OF THE BARGAIN OR HAS CREATED AN EXPRESS WARRANTY THAT THE GOODS WOULD CONFORM TO ANY DESCRIPTION MADE BY WARREN CAT.
NO SAMPLE OR MODEL HAS BEEN MADE PART OF THE BASIS OF THIS AGREEMENT OR HAS CREATED OR AMOUNTED TO ANY EXPRESS WARRANTY THAT THE GOODS WOULD CONFORM TO ANY SAMPLE OR MODEL EXHIBITED BY WARREN CAT.
ANY CLAIM ASSERTED BY CUSTOMER MUST BE BROUGHT NO LATER THAN ONE (1) YEAR AFTER THE DATE OF PURCHASE. A FAILURE TO BRING SUCH CLAIM WITHIN SUCH TIME SHALL BAR ANY REMEDY OF CUSTOMER.
NOTICE IS HERBY GIVEN THAT WARREN POWER & MACHINERY, INC. HAS ASSIGNED TO WARREN EXCHANGE LLC ITS RIGHTS (BUT NOT ITS OBLIGATIONS) TO SELL CERTAIN EQUIPMENT HELD FOR RENTAL PURPOSES.
WARREN CAT LIMITED WARRANTY SERVICE REPAIRS
Warren CAT warrants service repairs performed by Warren CAT on industrial engines, trucks, and equipment against defective workmanship in the performance of such service repairs for a period of ninety (90) days from the date of such repairs, subject to the following provisions:
(1) This warranty extends only to defective workmanship by Warren CAT. Performance failures or any other operational difficulties whatsoever caused by or related to defects in new or rebuilt parts are warranted only in accordance with, and only to the extent of, any warranties given with respect to such parts by the manufacturers or suppliers thereof. No independent or additional warranty with respect to such parts is made or given by Warren CAT.
(2) Repairs pursuant to this warranty are to be made only at Warren CAT's service departments, unless prior written authorization is obtained from Warren CAT's management. Transportation of equipment to and from the location of authorized warranty repair will be at the owner's expense.
(3) The cost of removing or installing a failed engine or component is not included within this warranty, and shall be at owner's expense, unless such removal or installation was performed by Warren CAT as a part of the service repairs covered by this warranty.
(4) Repairs pursuant to this warranty will be performed during normal working hours only.
(5) Excluded from this warranty are performance failures or any other operational difficulties whatsoever caused by or related to the failure of or defects in parts or components reused in the making of the service repairs subject to this warranty, and similarly excluded are performance failures or any operational difficulties whatsoever caused by or related to used parts used at the owner's request in the making of the service repairs under this warranty.
(6) Owner must notify Warren CAT immediately following the occurrence of any performance failure or other operational difficulty subject to this warranty. Failure to give such immediate notification will operate to release Warren CAT from any liability under this warranty.
(7) Removal or disassembly of any failed engine, part or component by anyone other than Warren CAT or its authorized representative will release any obligation of Warren CAT under this warranty. Likewise excluded from this warranty is damage or performance failure caused or aggravated by the operation of engines or equipment after a performance failure or defect has occurred.
(8) THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LIABILITY UNDER THIS WARRANTY IS EXPRESSLY LIMITED TO THE COST OF REPAIR OR REPLACEMENT LIABILITY. LIABILITY FOR ANY OTHER DAMAGES, WHETHER CONSEQUENTIAL, DIRECT, INDIRECT OR OF ANY OTHER NATURE WHATSOEVER, IS EXPRESSLY EXCLUDED.