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MESSER REPAIR & FABRICATING, LLC
Limited Warranty and Terms and Conditions of Sale
The following limited warranty, and terms and conditions of sale (the “Limited
Warranty”) apply to all equipment, products, parts, and goods (any of the forego-
ing are referred to herein as “Equipment”) sold by Messer Repair & Fabricating,
LLC (“Messer”):
1. Covers All Equipment. Each purchase of Equipment by a purchaser is ex-
pressly made conditional on purchaser’s assent to the terms and conditions in this
Limited Warranty.
2. Limited Warranty. Messer warrants that for a period of 24 months from the
date of purchase, the Equipment will remain free from defects in material and
workmanship under normal use and proper maintenance. Messer’s obligation un-
der the warranty shall be limited to the repair or replacement (at Messer’s option)
of the Equipment. Notwithstanding the foregoing, if the Equipment is used for
commercial purposes or is rented or leased out by the purchaser, then, the forego-
ing warranty shall only be for a period of 180 days and not 24 months.
3. No Warranty For Equipment Components From Third Parties. Notwithstand-
ing the limited warranty terms set forth above, MESSER OFFERS NO WAR-
RANTY WHATSOEVER WITH RESPECT TO ANY COMPONENTS OF THE
EQUIPMENT MADE OR PROVIDED TO MESSER BY OTHER MANUFAC-
TURERS, PRODUCERS, OR SELLERS (the “Purchased Components”). The
sole and exclusive warranty for each the Purchased Components shall be limited
to the express written warranty with respect to the Purchased Component as pro-
vided by the manufacturer, producer, or seller of such Purchased Component.
Messer’s responsibility and liability for the Purchased Components shall be lim-
ited to the assignment of the Purchased Components’ express written warran-
ties applicable to the Purchased Components. Purchased Components include,
without limitation, the following: axles, tires and rims; trailer hitch components
and jacks; hydraulic pumps, motors, cylinders and components; and bales spears,
pallet tines, and bucket teeth.
4. No Other Warranties. THE FOREGOING REPAIR AND REPLACEMENT
OBLIGATIONS IN SECTION 2 ARE IN LIEU OF ALL OTHER WARRAN-
TIES, LIABILITIES AND OBLIGATIONS, INCLUDING ALL WARRANTIES
OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE
OR OTHERWISE, EXPRESSED OR IMPLIED IN FACT OR BY LAW, AND
STATE MESSER’S ENTIRE AND EXCLUSIVE LIABILITY AND PURCHAS-
ER’S EXCLUSIVE REMEDY FOR ANY CLAIM IN CONNECTION WITH
THE SALE AND PURCHASE OF EQUIPMENT (AND ALL COMPONENTS
THEREOF), THEIR DESIGN, SUITABILITY FOR USE, INSTALLATION OR
OPERATIONS.
Warranty
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