Kawasaki 840168 - Manual (Page 14)

Warranty Disclaimers
EXCLUSION AND DISCLAIMER OF ALL OTHER EXPRESS WARRANTIES,
GUARANTIES AND/OR REPRESENTATIONS. EXCEPT FOR THE LIMITED WARRANTY
PROVIDED ABOVE, ALL OTHER EXPRESS WARRANTIES, GUARANTIES AND/OR
REPRESENTATIONS BY ALLTRADE AND/OR ITS REPRESENTATIVE(S) REGARDING
THE DESIGN, MANUFACTURE, PURCHASE, USE AND/OR OPERATION OF THE
PRODUCT OR ANY COMPONENT THEREOF SOLD HEREUNDER, REGARDLESS OF
WHETHER ANY SUCH WARRANTY, GUARANTY AND/OR REPRESENTATION,
WRITTEN OR ORAL, ARISES BY OPERATION OF LAW AND/OR EQUITY AND/OR BY
ANY ACT OR OMISSION OF ALLTRADE AND/OR ITS REPRESENTATIVE(S), OR THE
BUYER, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY ALLTRADE
AND/OR ITS REPRESENTATIVES. PURCHASER KNOWINGLY AND WILLINGLY
WAIVES ANY AND ALL SUCH WARRANTIES AND RIGHTS, CLAIMS AND/OR
CAUSES OF ACTION ARISING THEREFROM OR BASED THEREON. PURCHASER’S
SOLE AND EXCLUSIVE REMEDY IS AS STATED ABOVE.
EXCLUSION AND DISCLAIMER OF ALL IMPLIED WARRANTIES, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. NO WARRANTY, ORAL OR WRITTEN, OTHER THAN THE ABOVE
WARRANTY IS MADE WITH REGARD TO THIS PRODUCT. ALL EXPRESS AND/OR
IMPLIED WARRANTIES, GUARANTIES AND/OR REPRESENTATIONS BY ALLTRADE
AND/OR ITS REPRESENTATIVE(S) REGARDING THE DESIGN, MANUFACTURE,
PURCHASE, USE AND/OR OPERATION OF THE PRODUCT OR ANY COMPONENT
THEREOF SOLD HEREUNDER, REGARDLESS OF WHETHER ANY SUCH WARRANTY,
GUARANTY AND/OR REPRESENTATION, WRITTEN OR ORAL, ARISES BY
OPERATION OF LAW AND/OR EQUITY AND/OR BY ANY ACT OR OMISSION OF
ALLTRADE AND/OR ITS REPRESENTATIVE(S), OR THE PURCHASER, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY
EXCLUDED AND DISCLAIMED BY ALLTRADE AND/OR ITS REPRESENTATIVES.
PURCHASER KNOWINGLY AND WILLINGLY WAIVES ANY AND ALL SUCH
WARRANTIES AND RIGHTS, CLAIMS AND/OR CAUSES OF ACTION ARISING
THEREFROM OR BASED THEREON. PURCHASER’S SOLE AND EXCLUSIVE
REMEDY IS AS STATED ABOVE.
Limitation Of Liability
IN NO EVENT SHALL ALLTRADE AND/OR ITS REPRESENTATIVE(S) BE LIABLE FOR
INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES OF ANY
KIND ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY BREACH
OF ANY PROVISION OF ANY AGREEMENT BETWEEN ALLTRADE AND/OR ITS
REPRESENTATIVE(S) AND PURCHASER, ANY WARRANTY HEREUNDER,
AND/OR THE EXISTENCE, DESIGN, MANUFACTURE, PURCHASE, USE AND/OR
OPERATION OF ANY ITEM(S) SOLD HEREUNDER EVEN IF ALLTRADE AND/OR ITS
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found to be defective and subject to warranty. Alltrade retains the sole discretion
to determine whether any item or part is nonconforming and, if so, whether the
item and/or part will be repaired and/or replaced. If the unit is repaired, new or
reconditioned replacement parts may be used. If Alltrade chooses to replace
the product, it may replace it with a new or reconditioned one of the same or
comparable design. The repaired or replaced unit will be warranted under the terms
of the remainder of the warranty period. Typically, a defective product that is
returned within the first 30 days after the purchase date will be replaced; for items
returned after the first 30 days and within the warranty period, covered defective
parts not subject to normal wear and tear or other exclusions will be repaired or
replaced, at Alltrade’s option. During the warranty period, Alltrade will be responsi-
ble for the return shipping charges. Alltrade’s repair and/or replacement of any non-
conforming item and/or part thereof shall constitute fulfillment of all
obligations to the purchaser. Alltrade shall not be responsible or liable for any
expense, including freight charges, or repairs made outside Alltrade’s facility, unless
expressly agreed to by Alltrade in writing. Under no circumstances shall Alltrade
bear any responsibility for loss of the unit, loss of time or rental, inconvenience,
commercial loss or consequential damages.
Exclusions
This warranty does not cover parts damaged due to normal wear, abnormal
conditions, misapplication, misuse, abuse, accidents, operation at other than
recommended pressures or temperatures, improper storage or freight damage.
Parts damaged or worn by operation in dusty environments are not warranted.
Failure to follow recommended operating and maintenance procedures also
voids warranty.
This limited warranty does not apply to accessory items such as drill bits,
screwdriving bits, circular saw blades, jigsaw blades, grinding wheels, sanding
sheets and other related items.
DAMAGE TO THE PRODUCT RESULTING FROM TAMPERING, ACCIDENT, ABUSE,
NEGLIGENCE, FAILURE TO FOLLOW INSTRUCTIONS, UNAUTHORIZED REPAIRS
OR ALTERATIONS, DAMAGE WHILE IN TRANSIT TO OUR SERVICE FACILITY,
USE OF UNAPPROVED OR IMPROPER ATTACHMENTS OR ACCESSORIES,
COMMERCIAL AND RENTAL APPLICATIONS OR OTHER CAUSES UNRELATED TO
PROBLEMS WITH MATERIAL OR WORKMANSHIP ARE NOT COVERED BY THIS
WARRANTY.
Alltrade will not be liable for the following: labor charges, loss or damage resulting
from improper operation, maintenance or repairs made by other persons;
pre-delivery services such as assembly, oil or lubricants, and adjustment;
maintenance services that are normally required to maintain the product.
The use of other than genuine Alltrade Repair Parts will void warranty.
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