Warranty Performance of Component Manufacturers:
It is Kendall Howard’s practice, consistent with its desire to remedy Warranty defects in the most prompt and
effective manner possible, to cooperate with and utilize the services of component manufacturers and their
authorized representatives in the performance of work to correct defects in the Kendall Howard components.
Accordingly, Kendall Howard may utilize third parties in the performance of Warranty work, including repair
or replacement hereunder, where, in Kendall Howard’s opinion, such work can be performed in less time,
and with less .
Items Not Covered By Warranty:
THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application,
wrong or inadequate electrical current or connection, negligence, inappropriate on site operating conditions,
repair by non-Kendall Howard designated personnel, accident in transit, tampering, alterations, a change in
location or operating use, exposure to the elements, Acts of God, theft or installation contrary to Kendall
Howard 's recommendations or specifications, or in any event if the Kendall Howard serial number has been
altered, defaced, or removed.
THIS WARRANTY DOES NOT COVER installation costs, external circuit breaker resetting or maintenance
or service items and further, except as may be specifically provided for herein, does NOT include labor or
shipping costs arising from the repair or replacement of the Kendall Howard product, or any part thereof, or
charges to remove same from any premises of User.
THIS WARRANTY IS VOID if User alters the product in any way.
Limitations:
•
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
•
USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE KENDALL
HOWARD PRODUCT AS SET FORTH HEREIN.
•
IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF
COMPETENT JURISDICTION, KENDALL HOWARD'S RESPONSIBILITY FOR PROPERTY
LOSS OR DAMAGE SHALL NOT EXCEED ONE TIMES THE NET PRODUCT PURCHASE
PRICE.
•
IN NO EVENT SHALL KENDALL HOWARD ASSUME ANY LIABILITY FOR INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS
INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES
OR CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE.
Miscellaneous:
•
NO SALESPERSON, EMPLOYEE OR AGENT OF KENDALL HOWARD IS AUTHORIZED TO
ADD TO OR VARY THE TERMS OF THIS WARRANTY. Warranty terms may be modified, if at
all, only by a writing signed by a Kendall Howard officer.
•
This Warranty is effective as of the date of Kendall Howard receipt of full payment and supersedes
all previous warranties. Kendall Howard reserves the right to supplement or change the terms of
this Warranty in any subsequent warranty offering to User or others.
•
In the event that any provision of this Warranty should be or becomes invalid and/or
unenforceable during the warranty period, the remaining terms and provisions shall continue in
full force and effect.
•
User shall complete the attached User Information Card and forward it to Kendall Howard within
thirty (30) days of receipt of the Kendall Howard product.
•
This Warranty is given in and performance hereunder is to be construed under the laws of the
State of Minnesota.
•
This Warranty represents the entire agreement between Kendall Howard and User with respect to
the subject matter herein and supersedes all prior or contemporaneous oral or written
communications, representations, understandings or agreements relating to this subject.
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