Warranty - Vestil AIR-THL Manual

Pneumatic load tilter
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REV I | 8/6/19
9.

Warranty

(Seller) warrants products manufactured by it and supplied hereunder to be free of defects in materials
and workmanship under normal use and proper maintenance for a period of one (1) year from the date
of shipment. If within such period, any such products shall be proved to Seller's sole discretion to be
defective, such products shall be at Seller's option repaired or replaced. Seller shall be responsible for
labor charges in connection with repair or replacement for a period of ninety (90) days from date of
shipment, but only for repair or replacement within the continental United States and Canada. All other
labor charges shall be billed to Buyer at Seller's then prevailing rates, including travel and lodging
expenses. Seller's obligation and Buyer's exclusive remedy hereunder shall be limited to such repair
and replacement and shall be conditioned upon Seller receiving written notice of any alleged defect
no later than ten (10) days after its discovery within the warranty period. At Seller's option, the Seller
may require return of such products to Seller when such return is feasible. Seller reserves the right to
satisfy all of its warranty obligations by reimbursing Buyer for all amounts Buyer has paid to Seller
for such product upon which Buyer shall immediately return the product(s) to Seller. The foregoing
warranty is not applicable to: (i) accessories and components not manufactured by Seller, which are
warranted only to extent, if any, of the manufacturer's warranty for such accessories and components
(but the warranty term for any such warranty shall be the expiration date of such warranty, or one year
from date of shipment, whichever is the first to occur), or (ii) damages caused by shipping. Seller shall
be responsible for freight charges for replacement parts only if shipped within the continental United
States or Canada.
The foregoing warranty is exclusive and in lieu of all other express and implied warranties
(except of title) including but not limited to implied warranties of merchantability, fitness for a
particular purpose, performance, or otherwise. All other warranties are expressly disclaimed.
Buyer agrees that in no event shall the Seller be liable for claims (based upon breach of express
or implied warranty, negligence, product liability, or otherwise) for any other damages, whether
direct, indirect, immediate, incidental, foreseeable, consequential, special or based on any other
claim.
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