DAYCO D165DC, Operator'S Manual

Page: 18 / 19

18 Page
LIMITED WARRANTY
D165 SERIES is warranted to be free from defects in material and workmanship under normal
operating conditions and recommended usage for a period of ninety (90) days from date of
delivery. Any product which is shown to be defective shall be replaced or repaired free of charge
or extended a credited refund of the original acquisition cost to purchaser. This limited warranty
is contingent upon the conditions that prompt receipt of notice of any defect, that purchaser
establish the product has been property installed, maintained, and operated within the limits of
related and normal usage as specified, and that upon request purchaser will return the defective
product.
The terms of this limited warranty do not in any way extend to any product or part which have a
life, under normal usage, inherently shorter than ninety (90) days.
THESE LIMITED WARRANTIES TO REPAIR OR REPLACE DEFECTIVE PRODUCTS AS
SET FORTH ABOVE AND ANY ADDITIONAL WARRANTY EXPRESSLY STATED TO BE A
WARRANTY AND SET FORTH IN WRITING ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR
PURPOSE.
PURCHASER’S SOLE AND EXCLUSIVE REMEDY PURSUANT TO ANY CLAIM OF ANY
KIND, INCLUDING BUT NOT LIMITED TO, A CLAIM IN CONTRACT, WARRANTY,
NEGLIGENCE OR STRICT LIABILITY, SHALL BE (a) THE REPAIR OR REPLACEMENT
AT THE OPTION OF THE MANUFACTURER OF DEFECTIVE PRODUCTS OR (b) A
CREDITED REFUND OF THE PRICE OF THE DEFECTIVE PRODUCT OR PART IF THE
PRODUCT OR PART IS UNABLE TO BE EFFECTIVELY REPAIRED, REPLACED OR
CORRECTED IN A REASONABLE TIME AFTER USING BEST EFFORTS. CLAIMS OF
ANY KIND INCLUDE BUT ARE NOT LIMITED TO THOSE FOR ANY LOSS OR DAMAGE
ARISING OUT OF, CONNECTING WITH, OR RESULTING FROM THE DESIGN,
MANUFACTURE, SALE, DELIVERY, RESALE, INSTALLATION, TECHNICAL DIRECTION
OF INSTALLATION, INSPECTION, REPAIR, OPERATION OR USE OF ANY PRODUCT OR
PART. IF, HOWEVER, ANY WARRANTIES ARE EXPRESSLY SET FORTH IN WRITING IN
ADDITION TO THOSE SET FORTH HEREIN, THE LIABILITY UNDER SUCH
ADDITIONAL WARRANTY SHALL TERMINATE NINETY (90) DAYS FROM THE DATE OF
SHIPMENT TO PURCHASER.
UNDER NO CIRCUMSTANCES SHALL ANY LIABILITY WHATSOEVER BE IMPOSED
FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT
LIMITED TO, LOSS OF PROFIT OR REVENUE, LOSS OF USE OF THE PRODUCT, COST
OF CAPITAL, COST OF REPLACEMENT EQUIPMENT, OR CLAIMS RESULTING FROM
CONTRACTS WITH THIRD PARTIES, UNLESS EXPRESSLY PROVIDED IN WRITING, IN
NO EVENT SHALL ANY LIABILITY OR RESPONSIBILITY BE ASSUMED FOR
PENALTIES, PENALTY CLAUSES OR LIQUIDATED DAMAGES OF ANY DESCRIPTION,
CERTIFICATIONS OR INDEMNIFICATIONS OF PURCHASERS OR OTHERS OR COSTS,
DAMAGES OR EXPENSES ARISING OUT OF OR RELATED TO THE PRODUCTS.