MKT V-2Esc, Service, Operating, Maintenance And Parts Manual, Page: 2 / 39

{00330832- 3 25540-006}
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”) a pplies 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.