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Triton ARGO User Manual User Manual

Page 63

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PPENDIX

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DISTRIBUTOR’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF DEFECT IS EXPRESSLY
LIMITED TO THE REPLACEMENT OR CORRECTION OF SUCH DEFECTIVE PARTS BY MANU-
FACTURER AT ITS ELECTION AND SOLE EXPENSE, EXCEPT THERE SHALL BE NO OBLIGA-
TION TO REPLACE OR REPAIR ITEMS WHICH, BY THEIR NATURE, ARE EXPENDABLE
. If
Manufacturer is unable to replace or repair the defective parts, Manufacturer shall refund to Distributor that
portion of the purchase price allocable pays to such goods.

No representation or other affi rmation of fact not set forth herein, including but not limited to statements regarding
capacity, suitability for use, or performance of the goods, shall be or be deemed to be a warranty or represen-
tation by Manufacturer for any purpose, nor give rise to any liability or obligation of Manufacturer whatever.

EXCEPT AS SPECIFICALLY PROVIDED IN THIS DOCUMENT, THERE ARE NO OTHER WAR-
RANTIES EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WAR-
RANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURCHASE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MANUFACTURER BE LIABLE FOR LOSS OF PROFITS OR INCIDENTAL,
INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES ARISING OUT OF
ANY BREACH OF THIS CONTRACT OR OBLIGATIONS UNDER THIS CONTRACT.

W

ARRANTY

S

TATEMENT

Manufacturer warrants that the Products delivered to Distributor will perform in accordance with the Manufac-
turer’s published specifi cations, and as outlined in the Manufacturer’s booklet entitled “Thirteen Months Parts
Only Limited Warranty” for thirteen months from date of shipment in Long Beach, MS. Distributor acknowl-
edges that it has received a copy of such booklet, that it has read its entirety and that it understands and agrees
with its contents.

Manufacturer’s warranty shall not apply to any damage resulting from abuse, negligence, accident, or to any
loss or damage to the products while in transit.

Written notice and explanation of circumstances surrounding any claims that the goods have proved defective
in material or workmanship shall be given promptly from the distributor to the manufacturer. No claim may
be made, or action brought, by or through a distributor after the expiration of 14 months following any alleged
breach of warranty.