MAHLE RTI TechAlert - Manual (Page 15)

14
WARRANTY (Continued)
4. DISCLAIMER
THE EXPRESS WARRANTY HEREIN IS IN LIEU OF ANY AND ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED. NO IMPLIED WARRANTY OF
MERCHANTABILITY IS MADE AND THERE ARE NO WARRANTIES WHICH EXTEND
BEYOND THE DESCRIPTION ON THE FACE HEREOF.
5. EXCLUSIONS
The warranty and obligations stated here shall not apply to:
(a) Any product not registered within 90 days of delivery.
(b) Any product repaired or altered without prior approval of RTI so as to affect adversely
its stability or reliability.
(c) Any product subjected to misuse, abuse or accident as well as products used in a
manner contrary to written instructions or normal operating procedures.
(d) Any damage to product during original shipment or subsequent shipments to and from
RTI for service.
(e) Portions of products which are subject to warranties, if any, given by their
manufacturers. RTI does not adopt these warranties.
(f) Parts, accessories or other items manufactured by others which are used or installed
on the product as a result of Purchaser's specifications.
(g) Used items furnished by the Purchaser for installation on the product.
(h) Items which are not defective, but must be replaced during the warranty period as a
result of fair wear and tear or scheduled maintenance.
6. EXCLUSION OF LOST PROFITS AND OTHER CONSEQUENTIAL DAMAGES
RTI will have no liability for any lost profit, cargo loss, usage loss or other consequential
damages alleged to have been caused by any defect in TechALERT
®
or any failure of RTI
to meet any obligation under this agreement including the obligation to repair and replace
set forth in Paragraph 2.
7. LIMITATIONS OF ACTIONS
No action for breach of this warranty shall commence more than one year after the accrual
of the cause of action.
8. MERGER
This written warranty is the complete, final and exclusive agreement of the parties with
respect to the quality or performance of the goods and any and all warranties and
representations, except warranty extensions, if any, in writing as applicable.
9. NO ORAL MODIFICATIONS OR WAIVERS
No modification of this warranty or waiver of its terms shall be binding on either party
unless approved in writing by an authorized official of the parties.
10. GOVERNING LAW
This warranty and the rights and duties of the parties under this warranty shall be governed
by the law of Pennsylvania, the state of the RTI’s principle place of business.