It is expressly agreed that there are NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS, MADE BY THE MANUFACTURER, THE WAGNER-SMITH EQUIPMENT COMPANY, ON PARTS FURNISHED HEREUNDER, EXCEPT THE MANUFACTURER’S WARRANTY AGAINST DEFECTIVE MATERIALS OR WORKMANSHIP AS FOLLOWS:
Manufacturer’s Warranty Against Defective Materials or Workmanship
The manufacturer warrants each new piece of equipment (including original equipment placed thereon by the manufacturer), and all parts manufactured by it to be free from defects in material or workmanship under normal use and service, its obligation under this warranty to be limited to making good at its factory any part or parts thereof which shall, within 180 days after the equipment is put in service or 1 year after the date of sale, whichever is first to occur, be returned, with transportation charges prepaid and which its examination shall disclose to its satisfaction to have been thus defective. THIS WARRANTY BEING EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON ITS PART, AND IT NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR ITS ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OF ITS EQUIPMENT. This warranty shall not apply to any equipment which shall have been repaired or altered by any other than an authorized WAGNER-SMITH EQUIPMENT COMPANY service representative in any way so as in the judgment of the manufacturer, to affect its stability and reliability, or which has been to misuse, negligence, or accident.
The manufacturer agrees to furnish to the purchaser any part or parts found so defective without expense to the owner of such equipment and will install said parts free of cost to the owner, at the manufacturer’s plant in Burleson, Texas, or such other place closer to the location of the equipment, as may be designated by the manufacturer.
LIMITATION OF LIABILITY
THIS WARRANTY TO REPAIR IS THE ONLY WARRANTY WHETHER EXPRESSED, IMIPLIED, OR STATUTORY, EITHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE, UPON WHICH SAID EQUIPMENT IS SOLD. THE MANUFACTURER’S LIABILITY IN CONNECTION WITH THIS TRANSACTION IS EXPRESSLY LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS, AS ABOVE PROVIDED, AND ALL OTHER DAMAGES AND WARRANTIES, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABLILITY AND FITNESS, BEING EXPRESSLY WAIVED BY THE PURCHASES. THIS INCLUDES ANY EXPENSE FOR DOWN-TIME, CONDUCTOR DAMAGE OR OTHER CONTINGENT EXPENSE WHICH MAY OCCUR.
No representative of the manufacturer has authority to change this warranty on this contract in any manner whatsoever, and no attempt to repair or promise to repair or improve the equipment covered by this contract by any representative of the manufacturer shall waive any consideration of the contract, change, or extend this warranty in any manner whatsoever.
The warranty hereinabove is effective only if the purchaser reasonably maintains the equipment and it is kept lubricated and otherwise used according to the manufacturer’s instructions.
THIS WARRANTY IS IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES OF THE MANUFACTURER, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS.