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Warranty
Ives (the "Company") warrants only to Customer that
the products will be free from defects in material and
workmanship for a period of 12 months from the date
of shipment of the products. The Customer shall be
obligated to promptly report any failure to conform to this
warranty in writing to the Company within the warranty
period provided above. Company's sole obligation under
this warranty is limited to repairing or replacing, at its
option, the defective products.
NO OTHER WARRANTIES, EXPRESS OR IMPLIED,
ARE MADE WITH RESPECT TO THE PRODUCTS
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
The provisions of this limited warranty do not apply to
products: (i) used for the purposes for which they are not
designed or intended; (ii) which have been repaired or
altered without Company's prior written consent; (iii)
which have been subjected to misuse, abuse, negligence,
or accident; (iv) which have been improperly stored,
installed, maintained, or operated; (v) which have been
used in violation of written instructions provided by
Company to Customer; (vi) which have been subjected
to improper temperature, humidity, or other environmental
conditions; (vii) which have been affected by normal
wear and tear; or (viii) which, based on Company's
examination, do not disclose to Company's satisfaction
nonconformance to the warranty.
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IVES WARRANTY
The following costs and expenses are not covered by the
provisions of this limited warranty: (i) labor costs for the
removal and reinstallation of products; (ii) shipping and
freight expenses required to return products to Company;
(iii) normal maintenance; and (iv) economic losses. In
addition, the provisions of this warranty are not applicable
to anything other than defects in Company's material
(products only) or workmanship.
CONSUMER PRODUCTS. With respect to "consumer
products" as defined under the Magnuson-Moss Warranty
Act ("MMWA"), the following statements are made. (a)
Some states do not allow limitations on how long an
implied warranty lasts, so the above limitation may not
apply to you. IF ANY IMPLIED WARRANTY IS PROVIDED
UNDER THE MMWA, IT IS LIMITED TO THE DURATION
OF THE WARRANTY PROVIDED ABOVE. (b) Some states
do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or
exclusion may not apply to you. (c) This warranty gives
you specific legal rights and you may also have other
rights which vary from state to state.
Price Book 23A
Effective May 3, 2004
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