Mathey Dearman MagnaCut XM User Manual

Page 23

Section 13 – WARRANTY

Mathey Dearman, Inc. and C.I.A. Mathey, Inc.

Warranty and Terms and Conditions of Sale

LIMITED WARRANTY Subject to the provisions contained herein, if any merchandise sold hereunder
(except merchandise manufactured by other persons or firms) by Mathey Dearman, Inc. ("Mathey
Dearman") or C.I.A. Mathey, Inc. ("CIA Mathey"), (either as the seller of the merchandise sometimes
referred to herein as the “Company”) is not in accordance with specifications shown on the order within
customarily accepted tolerances, or is defective on account of workmanship or material, and if such
merchandise is returned at the customer’s expense and risk, to the Company’s manufacturing facility (or
at the Company’s option, is returned to a repair facility authorized by the Company), within ninety (90)
days after the Company’s date of shipment thereof (the "Warranty Period"), the Company will, at its
option, replace or repair the merchandise. This warranty, however, is subject to the conditions: (A) that
the customer promptly notifies the Company in writing of any claim under this agreement, setting forth
in detail any such claimed defect, and (B) That the Company be afforded a reasonable opportunity to
examine the merchandise and to investigate and verify the claimed defect at the Company’s
manufacturing facility or at an authorized repair facility. The Company shall not be, in any event, liable
for damages beyond the price paid by the customer for such defective merchandise. THE COMPANY
SHALL NOT BE LIABLE to CUSTOMER UNDER ANY THEORY OR CIRCUMSTANCES FOR
CONSEQUENTIAL, INCIDENTAL. As INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
This agreement does not obligate the Company to bear any transportation charges in connection with the
replacement or the repair of defective merchandise to any item manufactured by other persons or firms,
the Company agrees to present a request for adjustment for repair to such manufacturer, and the

customer agrees that the liability of the Company shall not exceed any adjustment with respect to which
such manufacturer accepts responsibility.

THE ABOVE AGREEMENT IS IN LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED
AND IT IS AGREED THAT THERE IS NO EXPRESSED OR IMPLIED WARRANTY BY THE
COMPANY AS TO THE MERCHANDISE'S FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, CAPACITY, OR EFFICIENCY AND THAT THERE ARE NO ORAL OR
WRITTEN EXPRESSED OR IMPLIED WARRANTIES MADE IN CONNECTION WITH ANY
SALE BY THE COMPANY OTHER THAN AS EXPRESSED HEREIN. No modification or addition
to this agreement, either before or after the contract of sale, shall be made except on written authority of
the President or Vice President of the Company.

C.I.A. Mathey Italiana S.r.l.

Via Isonzo, 26 - 20050 S. Damiano di Brugherio (MI)

Phone: +39 039 831019/2020021 • Fax: +39 039 2020079

[email protected]

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