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4. Disclaimer of Other Warranties.
The warranties contained in Section 1 are
the exclusive warranties given by AutoPatch and supersede any prior, contrary or
additional representations, whether oral or written.
AUTOPATCH DISCLAIMS
AND EXCLUDES ALL OTHER WARRANTIES – WHETHER EXPRESS,
IMPLIED, OR STATUTORY – INCLUDING ANY WARRANTY OF
MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE,
and any implied warranties otherwise arising from
course of dealing, course of performance or usage of trade.
5. Buyer’s Exclusive Remedies for Any Nonconformity.
If an AutoPatch
product fails to conform to the warranties in Section 1, Buyer must notify AutoPatch
within a reasonable time and in no event more than thirty (30) days after the
discovery of the nonconformity, and AutoPatch will repair any nonconforming
products or components. Warranty repairs are accomplished by returning the
subassembly to AutoPatch for repair in accordance with the “AutoPatch Service &
Returns Policy”. Alternatively, AutoPatch may, at its option, provide a replacement
unit, as described in that Policy. THE REMEDY SELECTED BY AUTOPATCH IN
ACCORDANCE WITH THIS SECTION SHALL BE THE EXCLUSIVE AND
SOLE REMEDY OF BUYER FOR ANY BREACH OF WARRANTY.
6. Exclusion of Consequential and Incidental Damages.
AUTOPATCH
SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, BUT NOT
LIMITED TO, LABOR COSTS OR LOSS OF PROFITS ARISING IN
CONNECTION WITH THE USE OF OR THE INABILITY TO USE
AUTOPATCH PRODUCTS.
7. Transport Damage.
AutoPatch will not be responsible for items damaged
during shipment to or from AutoPatch. The shipping carrier is responsible for items
damaged during shipment.
49 AutoPatch Statement of Warranty
AutoPatch Statement of Warranty