Company.
The
Company
reserves
the
right
to
review
Buyer’s
maintenance
and
operation
records
and
procedures
to
determine
if
the
alleged
defect(s)
were
due
to
any
of
the
items
listed
in
Sections
2
of
this
Limited
Warranty.
The
Company
shall
not
be
liable
for
any
claim
under
this
Limited
Warranty
if
Buyer
fails
to
satisfy
the
conditions
set
forth
in
this
Section.
4.
Exclusive
Repair
or
Replace
Warranty
Remedy.
The
Company’s
sole
obligation
and
Buyer’s
exclusive
remedy
with
respect
to
any
defect
in
the
Product
occurring
during
the
warranty
periods
set
forth
in
Section
1
of
this
Limited
Warranty
shall
be
for
the
Company,
at
its
option,
to
repair
or
replace
(or
have
one
of
its
designated
authorized
dealers
repair
or
replace)
the
Product
or
part,
component
or
assembly
thereof
that
contains
a
defect
in
materials
or
workmanship.
The
Company
reserves
the
right,
at
its
discretion,
to
use
new,
remanufactured
or
refurbished
replacement
parts.
Notwithstanding
anything
in
this
Limited
Warranty
to
the
contrary,
the
Company
shall
not
be
obligated
to
replace
the
entire
Product
if
a
covered
defect
can
be
remedied
by
the
repair
or
replacement
of
a
defective
part,
component
or
assembly.
The
Company
shall
be
responsible
for
the
cost
of
all
parts
necessary
to
remedy
such
defect.
Buyer
shall
be
responsible
for
payment
of
any
costs
or
fees
due
to
the
authorized
dealer
to
perform
any
warranty
service.
5.
Disclaimer
of
Other
Express
and
Implied
Warranties.
EXCEPT
FOR
THE
LIMITED
WARRANTIES
SET
FORTH
IN
SECTION
1
ABOVE,
THE
COMPANY
MAKES
NO
OTHER
REPRESENTATIONS
OR
WARRANTIES
AND
HEREBY
DISCLAIMS
ALL
EXPRESS
OR
IMPLIED
REPRESENTATIONS
OR
WARRANTIES
REGARDING
THE
PRODUCT,
INCLUDING,
WITHOUT
LIMITATION,
ANY
IMPLIED
WARRANTY
OF
MERCHANTABILITY,
NON
‐
INFRINGEMENT
OF
PROPRIETARY
OR
THIRD
‐
PARTY
RIGHTS
OR
FITNESS
FOR
A
PARTICULAR
PURPOSE.
THERE
ARE
NO
WARRANTIES
WHICH
EXTEND
BEYOND
THE
DESCRIPTION
ON
THE
FACE
HEREOF.
No
employee
or
representative
of
the
Company
or
any
of
its
authorized
dealers
is
authorized
to
modify
any
term,
condition
or
limitation
in
this
Limited
Warranty
unless
such
modification
is
made
in
writing
and
signed
by
an
officer
of
the
Company.
6.
Limitation
of
Liability.
NOTWITHSTANDING
ANYTHING
IN
THIS
WARRANTY
TO
THE
CONTRARY,
IN
NO
EVENT
SHALL
THE
COMPANY
OR
ANY
OF
ITS
AFFILIATES
OR
SUBSIDIARIES
BE
LIABLE
TO
BUYER
FOR
ANY
INDIRECT,
SPECIAL,
EXEMPLARY,
PUNITIVE
OR
CONSEQUENTIAL
DAMAGES
(INCLUDING
LOST
PROFITS,
LOST
REVENUE,
DOWN
TIME,
LOSS
OF
BUSINESS
OPPORTUNITY
OR
OTHER
ECONOMIC
LOSSES),
WHETHER
IN
AN
ACTION
IN
CONTRACT
OR
TORT
(INCLUDING
NEGLIGENCE
AND
STRICT
LIABILITY)
OR
OTHERWISE,
EVEN
IF
THE
COMPANY
HAS
BEEN
SPECIFICALLY
ADVISED
OF
THE
POSSIBILITIES
OF
SUCH
DAMAGES.
