Exmark TURF TRACER HYDRO Operator's Manual page 41

or supplies, including gasoline, oil or lubricants, incompatible with the turf
equipment or other than as recommended in the operator's manual or other
operational instructions provided by Exmark; (viii) repairs or replacements
resulting from parts or accessories which have adversely affected the
operation, performance or durability of the turf equipment; or (ix) damage or
defects due to or arising out of repair of turf equipment by person or persons
other than an authorized Exmark service dealer or the installation of parts
other than genuine Exmark or Exmark recommended parts.
As a condition to this warranty, customer shall have read the operator's manual
and shall have returned to Exmark, within the prescribed time, the enclosed
warranty registration card.
The sole liability of Exmark with respect to this warranty shall be repair and
replacement as set forth herein. Exmark shall have no liability for any other
cost, loss or damage, including but not limited to, any incidental or
consequential loss or damage. In particular, Exmark shall have no liability or
responsibility for: (i) expenses relating to gasoline, oil or lubricants; (ii)
loss, cost or expense relating to transportation or delivery of turf equipment
from the location of owner or location where used by owner to or from any
authorized Exmark service dealer; (iii) travel time, overtime, after hours
time or other extraordinary repair charges or charge relating to repairs or
replacements outside of normal business hours at the place of business of the
authorized Exmark service dealer; (iv) rental of like or similar replacement
equipment during the period of any warranty, repair or replacement work; (v)
any telephone or telegram charges or travel charges; (vi) loss or damage to
person or property other than that covered by the terms of this warranty; (vii)
any claims for lost revenue, lost profit or additional cost as a result of a
claim of breach of warranty; or (viii) attorney's fees.
There are no representations or warranties which have been authorized and
provided to the buyer of the turf equipment, other than as set forth in this
warranty. Any and all statements or representations made by any seller of this
equipment, including those set forth in any sales literature or made orally by
any sales representative, are superseded by the terms of this warranty. Any
affirmation of fact or promise made by Exmark or any of its representatives to
the buyer which relates to the goods that are the subject of this warranty
shall not be regarded as part of the basis of the bargain and shall not be
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to create any express warranty that such goods shall conform to the
affirmation or promise.
THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS, OR WARRANTIES,
EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY REGARDING THE
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), NOT SPECIFIED HEREIN,
RESPECTING THE EQUIPMENT WHICH IS THE SUBJECT OF THIS WARRANTY.
This warranty applies to all Exmark turf equipment sold in the United States
and Canada and intended to be used for commercial purposes.
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