It is agreed and understood by the Buyer that Seller may not be the manufacturer of all or a portion of the Goods furnished hereunder. Therefore, as to those Goods of which Seller makes no representations or warranties as to the manufacture, quality, condition or performance thereof, or any warranties either express or implied, including without limitation, implied warranties of MERCHANTABILITY AND FITNESS OF PARTICULAR PURPOSE which warranties are expressly herein negated. However, Seller shall assign and make available to buyer all warranties of the manufacturer of such Goods to the extent it can legally do so.
As for the Goods, or components thereof, provided to the Buyer which are manufactured by Seller, and as for Services rendered by Seller hereunder, Seller shall classify and warrant to Buyer as follows:
Classification I, Complete Overhaul: Seller shall warrant the Goods and Services rendered are free from defects in materials and workmanship for a period of 12 months, unlimited miles or hours of use.
Classification II, Necessary Minor Repairs: Repairs of defects to a sub-assembly and/or complete assembly, as designated by the customer or noted by Seller after visual inspection. Seller shall test unit and sub-assembly according to manufacturer’s recommendations and report findings to Buyer. Seller shall warrant only the portion of repair work which instructed by Buyer to perform for a period of 3 months from the date of delivery, 200 hours, or 4,000 miles of use, whichever occurs first.
Classification III, Test or Calibrate Only: External cleaning of complete assembly and testing and/or calibrating of assembly according to manufacturer’s recommendations. If testing does not meet requirements, Buyer shall be advised and permission requested to make further repairs, either under Classification I or II. If test does meet requirements, units will be returned to Buyer, however Seller makes NO WARRANTIES AND SHALL NOT be held responsible for longevity of the unit.
In the event of any claimed defect, Buyer shall immediately notify Seller in writing thereof. Seller’s sole obligation under this warranty is to repair or replace defective goods or parts thereof, at its own expense. All goods claimed defective must be returned prepaid to Seller for inspection. Buyer assumes full responsibility for proper installation of merchandise. In no event shall Seller be liable for damages caused by improper installation.
Seller shall not be liable for any failures due to misuse, neglect, accident, or causes, due to components not supplied by Seller, including, but not limited to failures caused by water or other contaminates in fuel or oil. In no event shall Seller be liable to Buyer for special, consequential, incidental or punitive damages of any kind or for any reason from any cause arising under this invoice or the work performed hereunder.
No modifications or additions to this agreement, either before or after the contract sale, shall be made except on written authority by the duly authorized offer of the Seller.