5-376-000086
REV. 4 - 07/10
Page i
LIMITED WARRANTY
Manufacturer's Warranty.
Manufacturer's sole warranty shall be the following, which
Distributor shall make on behalf of Manufactuer by conspicuous notice in writing
accompanying each contract or memorandum of sale:
1. Warranty.
Jerr-Dan Corporation, ("Manufacturer") warrants each new product made
by it to be free from defects in material or workmanship for one year from the date of
initial sale, lease, rental, or other disposition of such product, and agrees only to repair or
replace at its own expense, f.o.b. the place or places of manufacture, at manufacturer's
option, any part or parts of the product found to be defective in material or workmanship,
provided Manufacturer is notified of such defect or defects within the one year warranty
period and given a reasonable time to correct the defect. In no case, shall the warranty
extend to defects in materials, components, or services furnished by third parties. Defects
caused by chemical action, or the presence of abrasive materials and defects arising
following the operation beyond rated capacity or the improper use or application of any
Products shall not be considered defects within the scope of the foregoing warranty. If any
repairs or alterations are made or any parts are replaced during the period covered by any
warranty above mentioned by other than an authorized Manufacturer's Distributor in
accordance with authorized Manufactuerer's service manuals or with other than parts,
accessories, or attachments authorized by Manufacturer for use in its products, customer
shall pay for all such repairs or parts without recourse against Manufacturer, and Manufacturer
shall be relieved of responsibility for fulfillment of this warranty with respect to parts or
components of all repairs, alterations or replacements so made. No claims for labor shall
be considered unless authorized by Manufacturer.
2. Disclaimer as to Consequential or Special Damages.
Under no circumstances
shall Manufacturer be liable for any consequential or special damage which any person,
firm, corporation, or other entity may suffer or claim to suffer or incur or claim to incur as
a result of any defect in the product or in any correction or alteration thereof made or
furnished by Manufacturer or others. "Consequential" or "special damages" as used herein
includes but is not limited to costs of transportation, lost sales, lost orders, lost profits,
lost income, increased overhead, labor and material costs and cost of manufacturing
variances and operational inefficiencies.
3. Maximum Liability.
The maximum liability of Manufacturer under the exclusive
warranty set forth herein shall be the amount paid to Manufacturer by the vendor of the
component with respect to the product to which such vendor warranty applies.
4. Limitation of Liability.
The limitation of liability provisions herein shall apply to
any and all claims or suits brought against Manufacturer, including any claim based upon
negligence, breach of contract, breach of warranty, strict liability or any other theories
upon which liability may be asserted against Manufacturer.
1080 Hykes Road
Greencastle, PA 17225
(717) 597-7111
WARRANTY
Summary of Contents for MPL40
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