Sales Warranty

SALES WARRANTY

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.