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(e)
any failure arising from accident, abuse, act of God, fire, sabotage, vandalism,
contaminated fluids or neglect or failure to operate, store and/or maintain and
service the MTD Product in accordance with the instruction manual supplied
with the MTD Product;
(f)
any parts or services required for the normal and regular maintenance of the
MTD Product e.g. lubricants;
(g)
normal adjustments which are noted in the instruction manual supplied with
the MTD Product;
(h)
any defect caused by the engine being turned other than in accordance with
the instruction manual supplied with the MTD Product;
(i)
any alleged defect in the MTD Product that MTD or an authorised MTD dealer
cannot establish after testing and inspection;
(j)
any MTD Product that has been used other than for the purpose for which it
was designed;
(k)
any MTD Product that has been overloaded or involved in an accident; or
(l)
any defect arising from the use of:
(i)
(ii)
(iii)
in the MTD Product other than in accordance with the instruction manual supplied with
the MTD Product.
3.3
This Warranty:
(a)
is not transferable; and
(b)
does not apply to an MTD Product acquired by way of auction, or online, or
from a person other than MTD or an authorised MTD dealer.
3.4
This warranty does not cover the cost of claiming under the warranty, including any
freight or delivery costs. Such costs must be paid by you.
Despite any other provision of this Warranty, MTD's liability arising from, under or in
3.5
connection with this Warranty is limited as set out in paragraph 5.1. Except as expressly
set out in paragraph 5 and subject to law, MTD is not liable under this Warranty for any
damages, losses, costs or expenses including, without limitation, loss of profit, loss of
production or any financial or economic loss, and other indirect or consequential loss,
which may be suffered by you or by any third party arising out of or in any way connected
with any defect in an MTD Product.
3.6
Except to the extent expressly set out in this warranty, and subject to law, MTD does not
make any promise or representation as to the quality, performance, or freedom from
defects, of any MTD Product.
4.
How to claim
4.1
To make a claim under this Warranty you must promptly, and at your own expense, take
your:
3456-1900-8267v1
fuel or fuel and oil mix for the engine;
chain and bar oil for the oil pump; or
lubricating oil in a four-stroke engine;
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