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THOMAS EQUIPMENT LIABILITY WARRANTY
THE WARRANTY IS THE ONLY OBLIGATION OF THOMAS OR A THOMAS DEALER
TO THE PURCHASER OR ANYONE ELSE CONCERNING A PRODUCT, ITS SERVICE,
ITS USE OR PERFORMANCE OR ITS LOSS OF USE OR FAILURE TO PERFORM.
NEITHER THOMAS NOR A THOMAS DEALER HAVE MADE AND NEITHER WILL
MAKE ANY OTHER EXPRESSED OR IMPLIED REPRESENTATION, WARRANTY OR
AGREEMENT CONCERNING A PRODUCT. NEITHER THOMAS NOR A THOMAS
DEALER HAVE MADE OR WILL MAKE ANY REPRESENTATION, WARRANTY OR
AGREEMENT CONCERNING A PRODUCTS MERCHANTABILITY OR OTHER
QUALITY, ITS SUITABILITY FOR PURCHASER’S PURPOSE (EVEN IF A PURCHASER
HAS INFORMED THOMAS OR A THOMAS DEALER OF THAT PURPOSE), ITS
DURABILITY, PERFORMANCE OR OTHER CONDITION.
EVEN IF THOMAS OR A THOMAS DEALER WAS ADVISE OF THE POSSIBILITY OF
SUCH LOSS, NEITHER THOMAS NOR A THOMAS DEALER WILL BE LIABLE TO
PURCHASER OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL
CONSEQUENTIAL, PUNITIVE, ECONOMIC, COMMERCIAL, OR SPECIAL LOSS
WHICH IS IN ANY WAY ASSOCIATED WITH A PRODUCT. THIS INCLUDES ANY LOSS
OF USE OR NON-PERFORMANCE OF A PRODUCT, ANY REPLACEMENT RENTAL OR
ACQUISITION COST, ANY LOSS OF REVENUE OR PROFITS, ANY FAILURE TO
REALIZE EXPECTED SAVINGS, ANY INTEREST COSTS, ANY IMPAIRMENT OF OTHER
GOODS, ANY INCONVENIENCE OR ANY LIABILITY OF PURCHASER TO ANY OTHER
PERSON.
PURCHASER MAY NOT ATTEMPT TO ENLARGE ITS RIGHTS UNDER THE
WARRANTY BY MAKING A CLAIM FOR INDEMNITY, FOR BREACH OF CONTRACT,
FOR BREACH OF COLLATERAL WARRANTY, FOR A TORT (INCLUDING
NEGLIGENCE, MISREPRESENTATION OR STRICT LIABILITY) OR BY CLAIMING ANY
OTHER CAUSE OF ACTION.
THE WARRANTY IS A CONDITION OF SALE OF THE PRODUCT TO PURCHASER
AND WILL THEREFORE APPLY EVEN IF PURCHASER ALLEGES THAT THERE IS A
TOTAL FAILURE OF THE PRODUCT.
N.B. Read and practice your
Thomas
operating and servicing instructions. Failure to do this may
void your warranty.
Publication Number 49702