MKT V-22/HP-380T4, Operating, Maintenance And Parts Manual, Page: 2 / 73

MKT MANUFACTURING, INC.
STANDARD NEW PRODUCT WARRANTY
EXPRESS LIMITED PARTS WARRANTY FOR NEW PRODUCTS
MKT MANUFACTURING, INC. (“MKT”) warrants to the first user (“User”) of any new product (whether such new
product is sold directly to the customer by MKT or through a distributor) that such new product will be free from
defects in material or workmanship for a period of ninety (90) days beginning on the date that such new product is
delivered to the User. This Express Limited Parts Warranty (“Warranty”) applies only to the first User of the new
product, and not any subsequent users, regardless of whether such subsequent user becomes the owner of the new
product or uses the product within such ninety (90) day warranty period. In no event shall this Warranty extend for
more than twelve (12) months from the date that MKT ships the product, whether to a User or to a distributor which
may or may not use the product. This Warranty applies to new products only. This Warranty is subject to the
following terms and conditions.
If User believes that the product has a defect in the materials or workmanship, User shall send notice of such defect
in writing to MKT within the ninety (90) day warranty period. MKT shall have the right to inspect the product for
defects, and any parts which appear to MKT upon inspection to have been defective in material or workmanship shall
be repaired or replaced at MKT’s option. MKT shall have no other liability to User except for such repair or
replacement of those parts determined to be defective. Such repair or replacement parts shall be provided at no cost
to the User at such location and during such hours as determined by MKT. This Warranty shall not apply to
component parts or accessories of products not manufactured by MKT, or to normal maintenance of the product or to
normal maintenance parts required therefor. Replacement or repair parts installed in the products covered by this
Warranty are warranted only for the remainder of the Warranty as if such parts were original components of said
product.
EXCEPT AS EXPRESSLY SET FORTH IN THIS WARRANTY, MKT MAKES NO OTHER WARRANTIES,
AND FURTHER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND MAKES NO WARRANTY
OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
THIS WARRANTY IS NOT APPLICABLE TO ANY ITEM WHICH MKT SELLS THAT IS WARRANTED DIRECTLY
TO THE USER BY THE MANUFACTURER OF SUCH ITEM (IF SUCH MANUFACTURER OF SUCH ITEM IS NOT
MKT).
MKT EXCLUDES ALL LIABILITY FOR OR ARISING FROM ANY NEGLIGENCE ON ITS PART OR ON THE PART
OF ANY OF ITS EMPLOYEES, AGENTS OR REPRESENTATIVES WITH RESPECT TO THE MANUFACTURE OR
SUPPLY OF THE PRODUCT.
MKT shall not be liable to User or any third party for any loss of profits, loss of use, interruption of business, or any
indirect, incidental, special, punitive or consequential damages of any kind whatsoever related to the product or the
use or operation of the product. In particular, MKT assumes no liability for the results of User and its affiliates based
on User’s use of the products furnished by MKT. The maximum total liability of MKT shall be limited to the cost of
those parts which MKT has agreed to repair or replace. This limitation applies to all causes of action in the
aggregate, including without limitation, breach of contract, breach of warranty, negligence, strict liability,
misrepresentations, and other torts. In any jurisdiction in which the above limitations of liability are restricted, MKT’s
liability is limited to the greatest extent permitted by law.
Notwithstanding anything in this Agreement to the contrary, MKT shall not be responsible for any costs or charges of
User and/or any third party, including but not limited to transportation charges, shipping costs, cost of installation,
duty, taxes or any other charges whatsoever including but not limited to any charges or damages due to any delays.
If requested by MKT, products or parts for which a warranty claim is made are to be returned transportation prepaid
to MKT at MKT’s home office. Any improper use, including operation after discovery of defective or worn parts,
operation beyond rated capacity, substitution of parts not approved by MKT, or any alteration or repair by others in
such manner as in MKT’s judgment affects the Product materially and adversely, shall void this Warranty.
NO EMPLOYEE OR REPRESENTATIVE IS AUTHORIZED TO CHANGE THIS WARRANTY IN ANY WAY OR
GRANT ANY OTHER WARRANTY UNLESS SUCH CHANGE IS MADE IN WRITING AND SIGNED BY AN
OFFICER OF MKT AT ITS HOME OFFICE.