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5. ITEMS NOT COVERED UNDER THESE LIMITED WARRANTIES INCLUDE:
• Rust
•
Wheels and Tires
• Paint
•
Travel Covers, straps, handles, stuff sacks or pull strings
•
General consumables (e.g. bearings, light bulbs, tent stakes, etc)
•
Zippers and mesh or screens
•
Rip or tears in fabric
•
MDC DO NOT WARRANT PRODUCTS AGAINST NORMAL WEAR AND TEAR, UNAUTHORIZED
MODIFICATIONS OR ALTERATIONS, IMPROPER OR UNFORESEEABLE USE, IMPROPER MAINTENANCE,
ACCIDENT, MISUSE, NEGLIGENCE, DAMAGE, OR IF THE PRODUCT IS USED FOR A PURPOSE FOR
WHICH IT WAS NOT DESIGNED. YOU REPRESENT THAT YOU HAVE NOT RELIED ON ANY
REPRESENTATION OR WARRANTY OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. IT IS YOUR
RESPONSIBILITY TO (A) USE THE PRODUCTS IN A SAFE MANNER AS IS APPROPRIATE FOR THE
INTENDED USE OF THE PRODUCT; (B) DEVELOP AND IMPLEMENT APPROPRIATE SAFEGUARDS
FOR USE, HANDLING OR OPERATING OF THE PRODUCT; AND (C) COMPLY WITH ALL
APPLICABLE SAFETY AND OTHER LAWS IN CONNECTION WITH THE PRODUCT’S USE, HANDLING
AND OPERATION. THE LIMITED WARRANTY SET FORTH HEREIN GIVES YOU SPECIFIC RIGHTS, BUT
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THIS LIMITED WARRANTY
IS OFFERED ONLY TO YOU AS THE DIRECT PURCHASER OF THE PRODUCT AND NOT TO ANY
SUBSEQUENT PURCHASER, ASSIGNEE, TRANSFEREE OR USER AND IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USAGE OF TRADE OR COURSE OF
DEALING.
6. FACTORY SECONDS, EX-DEMONSTRATION AND DAMAGED GOODS
a)
From time to time, MDC may offer for sale items deemed to be “factory seconds”, “ex-demonstration”, “used” or
“damaged”. Products sold as “factory seconds”, “ex-demonstration” or “damaged” items are sold on an “as is” basis
without any warranty of any kind.
b)
There are no warranties, refunds, credits, exchanges, or similar remedies associated with Products sold as “factory
seconds”, “ex-demonstration” or “damaged”. In the sale of such Products, MDC will attempt to provide all relevant
information regarding the Product, including any known faults, imperfections, or defects; however, there may be
instances where minor faults, imperfections, flaw, or defects have been overlooked, or where other latent faults,
imperfections, flaws or defects existed which were not detected by MDC, in each case after using reasonable
commercial efforts. You understand and agree that the foregoing incidences, should they occur, are PURELY
UNINTENTIONAL and shall in no way alter the nature of the sale or the warranty disclaimer herein.
c)
Due to the nature of such Products being “ex-demonstration”, “factory seconds” or “damaged”, it is reasonable
to expect that some imperfections or flaws may exist, even where it is not initially apparent. By purchasing such
a Product, you agree to this statement in full and accept that there are no warranties implied or expressed no
matter what the flaw, defect, imperfection, or fault may be.