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ULTIMATE RACK LIMITED WARRANTY
The Easy Mobility Co.,
(“Distributor”) warrants its ATV Carrier Systems products
(the “Products”) as follows:
1. Limited
Warranty.
Distributor warrants that the Products
sold hereunder will be free from defects in material and workmanship
for a period of one year from date of purchase. If the
products do not conform to this Limited Warranty during the warranty
period (as herein above specified), Buyer shall notify Distributor,
in writing, within the warranty period, and the defects are of such
type and nature as to be covered by this warranty, Distributor
shall, at its own expense, furnish replacement products or, at
Distributor’s option, replacement parts for the defective products.
Shipping and installation of the replacement Products or replacement
parts shall be at Buyer’s expense.
2. Other
Limits.
THE FOREGOING IS
IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. Distributor does not warrant
against damages or defects arising out of improper or abnormal use
or handling of the Products; against defects or damages arising from
improper installation, against defects in products or components.
Distributor passes on to Buyer the warranty received (if any) from
the maker thereof of such Manufacturer made products or components.
This warranty also does not apply to Products upon which repairs
have been effected or attempted by persons other than pursuant to
written authorization by Distributor.
3.
Exclusive Obligation.
THIS WARRANTY IS
EXCLUSIVE. The sole and exclusive obligation of Distributor shall be
to repair or replace the defective Products in the manner and for
the period provided above. Distributor shall not have any other
obligation with respect to the Products or any part thereof, whether
based on contract, tort, strict liability, or otherwise. Under no
circumstances, whether based on this Limited Warranty or otherwise,
shall Distributor be liable for incidental, special, or
consequential damages.
4. Other
Statements.
Distributor’s employees or
representatives’ ORAL OR OTHER WRITTEN STATEMENTS DO NOT CONSTITUTE
WARRANTIES, and shall not be relied upon by Buyer, and are not a
part of the contract for sale or this Limited Warranty.
5. Entire
Obligation.
This Limited Warranty states the
entire obligation of Distributor with respect to the Products. If
any part of this Limited Warranty is determined to be void or
illegal, the remainder shall remain in full force and effect. |
