Mathey Dearman Band Machine - Manual (Page 29)

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11.0 Warranty
If any merchandise sold hereunder (except merchandise manufactured by other persons or firms) by Mathey Dearman, Inc.
(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 rise,
to the Company’s manufacturing facility (or at the Company’s option, is returned to a repair facility authorized by the
Company), within one (1) year after the Company’s date of shipment thereof, the Company will, at its option, replace or
repair the merchandise. This agreement, however, is upon the conditions: (A) that the customer promptly notifies the
Company in writing of any claim under this agreement, setting forth in details any such claimed defect. (B) That the
Company be afforded a reasonable opportunity to examine the merchandise and to investigate 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; specifically but without limitation, the
Company may fulfill its obligations under this Agreement by tendering such purchase price at any time. THE COMPANY
SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITITVE, 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. As 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 FITNESS, MERCHANTABILITY CAPACITY, OR EFFICIENCY OF ANY MERCHANDISE SOLD, AND THAT
THERE ARE NO ORAL OR WRITTEN EXPRESSED OR IMPLIED WARRANTIES MADE IN CONNECTION WITH ANY SALE BY THE
COMPANY. 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.