© MAHLE
6 | NTF-515B | Information
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2.
PURCHASER'S REMEDY
Purchaser's sole and exclusive remedy under this warranty
shall be limited to the repair or replacement, at MSS’s option,
of any defective part of the product. Purchaser shall call MSS
Technical Support who will assist Purchaser in diagnosing
the problem and, if deemed necessary, will immediately ship
replacement parts for installation by Purchaser if so request-
ed. If Purchaser requests factory service, repairs under this
warranty shall only be made at a location designated by MSS.
3.
DURATION
This warranty will expire five years from date of delivery to the
first retail purchaser.
4.
PURCHASER'S DUTIES
(a) Register product with MSS by returning completed Warranty
Registration within 90 days of delivery of unit.
(b) Transportation Expense: Transportation expenses to and
from MSS are to be borne by the Purchaser.
(c) Notice of breach: Purchaser shall give written notice to MSS
of any alleged refusal or failure of the MSS to repair or replace
as promised by this warranty no later than fifteen days after
the Purchaser learns of such alleged failure or refusal.
5.
DISCLAIMER
THE EXPRESS WARRANTY HEREIN IS IN LIEU OF ANY AND ALL
OTHER WARRANTIES, EXPRESSED OR IMPLIED. NO IMPLIED
WARRANTY OF MERCHANTABILITY IS MADE AND THERE ARE
NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION
ON THE FACE HEREOF.
6.
EXCLUSIONS
The warranty and obligations stated here shall not apply to:
(a) Any product not registered within 90 days of delivery.
(b) Any product repaired or altered without prior approval of MSS
so as to affect adversely its stability or reliability.
(c) Any product subjected to misuse, abuse or accident as well
as products used in a manner contrary to written instructions
or normal operating procedure.
(d) Any damage to product during original shipment or subse-
quent shipments to MSS's facility for service.
(e) Portions of products which are subject to warranties, if any,
given by their manufacturers. MSS does not adopt these
warranties.
(f) Parts, accessories or other items manufactured by others
which are used or installed on the product as a result of
Purchaser's specifications.
(g) Used items furnished by the Purchaser for installation on
the product.
(h) Items which are not defective, but must be replaced dur-
ing the warranty period as a result of fair wear and tear or
scheduled maintenance.
(i) Hoses, couplings, gaskets and O-rings carry a 90 day war-
ranty.
(j) Filters are considered consumables and are not covered by
any warranty.
7.
EXCLUSION OF LOST PROFITS AND OTHER-
CONSEQUENTIAL DAMAGES
MSS will have no liability for any lost profit, cargo loss, usage loss
or other consequential damages alleged to have been caused
by any defect in the product or any failure of MSS to meet any
obligation under this agreement including the obligation to repair
and replace set forth in Paragraph 2.
8.
LIMITATIONS OF ACTIONS
No action for breach of this warranty shall commence more than
one year after the accrual of the cause of action.
9.
MERGER
This written warranty is the complete, final and exclusive agree-
ment of the parties with respect to the quality or performance of
the goods and any and all warranties and representations, except
warranty extensions, if any, in writing as applicable.
10.
NO ORAL MODIFICATIONS OR WAIVERS
No modification of this warranty or waiver of its terms shall be
binding on either party unless approved in writing by an author-
ized official of each party.
11.
GOVERNING LAW
This warranty and the rights and duties of the parties under this
warranty shall be governed by the laws of Pennsylvania, the state
of MSS's principle place of business.
