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WARRANTY AND DISCLAIMER
(a)
CenterLine (Windsor) Ltd. warrants to Buyer that the
Equipment manufactured by CenterLine will be
free of defects, which are not commercially
acceptable in material and workmanship for a
period of one (1) year from date of delivery
provided that the Equipment has been properly
installed and maintained, and operated under
normal conditions.
(b)
This warranty is void and of no effect and
CenterLine shall not be liable for any breach of
warranty, express or implied, if the Equipment
or any part or component thereof shall have been
repaired or altered by persons other than
CenterLine unless expressly authorized in
writing by CenterLine, or if the Equipment is
installed or operated contrary to CenterLine's
instruction or subjected to misuse, negligence
or accident.
(c)
There are no other warranties that extend beyond
the warranty herein contained and no statement
oral or written, inconsistent with this warranty
is binding on CenterLine. No agent, employee,
representative or distributor of CenterLine has
any authority to bind CenterLine to any
confirmation, representation or warranty
concerning the Equipment beyond that
specifically included herein. Extension of or
amendment to this warranty can be made only in
writing by a duly authorized officer of
CenterLine.
(d) This warranty is made in lieu of all other
warranties expressed or implied, including any
warranty of merchantability of fitness for a
particular purpose.
(e)
CenterLine's policy is one of continuous
improvement of its products and therefore
CenterLine reserves the right to make changes in
design or materials as CenterLine may deem
proper, without incurring any obligation to
incorporate such changes in Equipment of prior
manufacture.
(f)
Buyer's remedies for breach of any warranty
shall be limited as provided in the next
section.
REMEDY FOR BREACH OF WARRANTY AND LIMITATION
(a)
CenterLine agrees to repair or replace at
CenterLine's option any part of the Equipment
manufactured by CenterLine which during the
period of one (1) year specified above, may
prove upon CenterLine's inspection to be
defective in material and workmanship and not
commercially acceptable; provided that such
parts claimed to be defective are returned to
CenterLine's plant or another point designated
by CenterLine. CenterLine shall not be
responsible for labor costs for removal or
replacement of defective parts.
(b)
Under no circumstances shall CenterLine be
liable for buyer's lost profits or other
consequential or incidental damages resulting
from any cause whatsoever, including but not
limited to any breach of warranty, negligence by
CenterLine, or alleged damaged or defective
goods, irrespective of whether such defects are
discoverable or latent. CenterLine's liability,
in all events, including any claim of
negligence, shall not exceed and is limited to
CenterLine's retail list price for parts found
to be defective.
(c)
Any claim for breach of CenterLine's warranty
herein contained must be made in writing
addressed to CenterLine setting forth sufficient
detail to permit identification of the defect.
Any claim for breach of warranty must be made
within one (1) year after delivery of the item
of Equipment. If not made within such one (1)
year period, any warranty claim shall be
conclusively deemed to have been waived.
(d)
This warranty is not transferable, and is
available solely to the original Buyer.
(e)
The remedies herein contained for breach of
warranty and/or CenterLine's negligence shall be
exclusive.
LIMITATION OF ACTIONS
(a)
Any action for breach of CenterLine's warranty
must commence within six (6) months of the time
the cause of action accrues, unless the period
for action is extended by CenterLine in
writing. This provision is made expressly in
lieu of, and shall supersede, an otherwise
applicable statute of limitations.
(b)
This warranty applies to equipment manufactured
by CenterLine and does not apply to components,
parts, or accessories purchased by CenterLine.
These items will carry only the warranty issued
by the original manufacturer. CenterLine will
not be responsible for any warranty claims
beyond that covered by the original equipment
manufacturer. |