12
© 2020 Davis Packaging : DPM39-0320ARef
P: 800.622.3015 / 561-290-0412 □ E-mail: [email protected]
www.davispackaging.net
Warranty Coverage and Terms
Davis Packaging wrapping machines, as well as replacement parts, carry a 90 day warranty from date of
original factory shipment covering defects in materials or workmanship under normal use and service.
Parts will be considered for warranty replacement upon receipt and evaluation of the defective part at our
factory. Customer will be responsible for full cost and shipping expenses of any pre-shipped replacement
part if defective item fails warranty evaluation.
Warranty is limited to repair or replacement parts and does not include any necessary labor for removal
or re-installation at buyers facility. Consumable parts, including but not limited to, non-stick covers,
bearings, and belting material are not included. The Purchaser is solely responsible for the safe
installation and operation of equipment and parts. Damage due to misuse, misapplication, modification,
or damage occurring during transit/shipping is not covered.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, ITEMS ARE PROVIDED AND SERVICES ARE
PERFORMED WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. NOTHING IMPLIES THAT OPERATION OF ITEMS WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT ERRORS WILL BE CORRECTED.
Warranty Procedure
Contact Davis Packaging or a Davis Packaging distributor with the MODEL NUMBER, SERIAL
NUMBER, DATE OF PURCHASE, and DESCRIPTION OF ISSUE and request warranty replacement
coverage. A Return Authorization (RA) number and shipping address will be provided in order for the
failed part to be returned for evaluation. Return shipping costs must be prepaid and shipped within 30
days of granted RA number. Most replacement parts can be shipped within 1-5 business days. Warranty
related replacement parts are Ground shipped only. Expedited shipping is available for an additional fee.
Limitation of Liability
BUYER’S EXCLUSIVE REMEDY FOR NON-CONFORMING OR DEFECTIVE ITEMS OR SERVICE IS
TO SEEK REPAIR OR REPLACEMENT OR RE-PERFORMANCE IN ACCORDANCE WITH THE
WARRANTY. BUYER AGREES IT WILL SEEK NO OTHER REMEDY.NO ACTION OR SUIT SHALL BE
BROUGHT BY BUYER AGAINST SELLER FOR DAMAGES ARISING OUT OF THIS TRANSACTION
OR RELATING TO THE ITEMS OR SERVICES UNLESS SUCH ACTION IS COMMENCED WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
BUYER AGREES THAT SELLER AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY
OF RECOVERY, WHETHER BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER; DAMAGE TO OR LOSS OF PRODUCT; OR
ANY LOSS OR DAMAGE CAUSED BY FAILURE OF THE ITEMS, INCLUDING BUT NOT LIMITED TO
LOST PROFITS OR REVENUE, INCREASED COSTS OF ANY KIND, OR CLAIMS MADE BY A THIRD
PARTY. THIS LIMITATION CANNOT BE WAIVED OR AMENDED AND WILL BE EFFECTIVE EVEN IF
SELLER HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES
TO CLAIMS FOR PERSONAL INJURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. BUYER
AGREES THE REMEDIES PROVIDED HEREIN ARE EXCLUSIVE EVEN IF THEY FAIL OF THEIR
ESSENTIAL PURPOSE, AND THAT UNDER NO CIRCUMSTANCES SHALL THE TOTAL
AGGREGATE LIABILITY
OF
SELLER AND ITS AFFILIATES UNDER ANY THEORY OF RECOVERY
EXCEED THE PRICE PAID TO SELLER FOR THE ITEMS OR SERVICE.