Wayne 3/VISTA series Service Manual page 81

WARRANTY AND LIMITATION OF REMEDY AND LIABILITY
Seller warrants that new products and parts of its own design and manufacture when shipped, will
be of good quality and will be free from defects in material and workmanship and will conform to
applicable specifications. Work, when performed by Seller, will meet applicable work require-
ments. No warranty is made with respect to used or rebuilt equipment and with respect to products
not manufactured by Seller. Seller's only obligation shall be to assign to Buyer, at the time of sale,
whatever warranty Seller has received from the manufacturer. Items such as but not limited to
lamps, electric motors, hoses, nozzles, hose swivels and safety impact valves are included in the
category referred to in the previous sentence. Seller's recommendations with respect to the oper-
ation of Seller's equipment are advisory only and are not warranted. All claims under this warranty
must be made in writing immediately upon discovery and, in any event, within twenty-four (24)
months from date of start-up, if a product is involved, or from completion of the applicable work,
if work is involved, or thirty (30) months from date of invoice (whichever shall occur first). (Pro-
vided however, that with respect to the Wayne Plus system, 2400 system, DL series dispensers,
and card readers, all claims must be made in writing within twelve (12) months from date of start-
up. With respect to receipts/totals printers, and any other printers or printing mechanisms, all
claims must be made in writing within ninety (90) days from date of start-up. Wayne Vista dis-
penser external metal panels will be free from defects due to rust and/or corrosion for a period of
forty-eight (48) months from date of dispenser start-up.) Defective and nonconforming items must
be held for Seller's inspection and returned to the original f.o.b. point upon request. Seller's war-
ranty on service parts, whether new or reconditioned, is ninety (90) days from the date of installa-
tion, or twelve (12) months from date of invoice, whichever first occurs. THE FOREGOING IS
EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, EXPRESSED, IM-
PLIED AND STATUTORY, INCLUDING WITHOUT LIMITATIONS, THE IMPLIED WAR-
RANTIES OF MERCHANTABILITY AND FITNESS.
Upon Buyer's submission of a claim as provided above and its substantiation, Seller shall, at its
option either (I) repair or replace its product or work at the original f.o.b. point or location of pur-
chase products and/or parts or (II) refund an equitable portion of the purchase price.
THE FOREGOING IS SELLER'S ONLY OBLIGATION AND BUYER'S EXCLUSIVE REM-
EDY FOR BREACH OF WARRANTY AND, EXCEPT FOR GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT, THE FOREGOING IS BUYER'S EXCLUSIVE REMEDY
AGAINST SELLER FOR ALL CLAIMS ARISING HEREUNDER OR RELATING HERETO
WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, TORT (INCLUD-
ING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES. BUYER'S FAILURE
TO SUBMIT A CLAIM AS PROVIDED ABOVE SHALL SPECIFICALLY WAIVE ALL
CLAIMS FOR DAMAGES OR OTHER RELIEF, INCLUDING BUT NOT LIMITED TO
CLAIMS BASED ON LATENT DEFECTS. IN NO EVENT SHALL BUYER BE ENTITLED
TO INCIDENTAL OR CONSEQUENTIAL DAMAGES. ANY ACTION BY BUYER ARISING
HEREUNDER OR RELATING HERETO, WHETHER BASED ON BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES,
MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AC-
CRUES OR IT SHALL BE BARRED.