10
. Warranty
Henkel expressly warrants that all products referred to in this Instruction Manual for the Single Rotary
Dispense Station 98427 (hereafter called “Products”) shall be free from defects in materials and
workmanship. Liability for Henkel shall be limited, as its option, to replacing those Products which are
shown to be defective in either materials or workmanship or to credit the purchaser the amount of the
purchase price thereof (plus freight and insurance charges paid therefor by the user). The purchaser’s sole
and exclusive remedy for breach of warranty shall be such replacement or credit.
A claim of defect in materials or workmanship in any Products shall be allowed only when it is submitted
in writing within one month after discovery of the defect or after the time the defect should reasonably
have been discovered and in any event, within (12) months after the delivery of the Products to the
purchaser. This warranty does not apply to perishable items, such as work surface pad, fuses, etc. No
such claim shall be allowed in respect of products which have been neglected or improperly stored,
transported, handled, installed, connected, operated, used or maintained. In the event of unauthorized
modification of the Products including, where products, parts or attachments for use in connection with
the Products are available from Henkel, the use of products, parts or attachments which are not
manufactured by Henkel, no claim shall be allowed.
No Products shall be returned to Henkel for any reason without prior written approval from Henkel.
Products shall be returned freight prepaid, in accordance with instructions from Henkel.
NO WARRANTY IS EXTENDED TO ANY EQUIPMENT WHICH HAS BEEN ALTERED,
MISUSED, NEGLECTED, OR DAMAGED BY ACCIDENT, OR IF THE SYSTEM WAS USED TO
DISPENSE ANY LIQUID MATERIAL OTHER THAN HENKEL PRODUCTS.
EXCEPT FOR THE EXPRESS WARRANTY CONTAINED IN THIS SECTION, HENKEL MAKES
NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO
THE PRODUCTS.
ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
OTHER WARRANTIES OF WHATEVER KIND (INCLUDING AGAINST PATENT OR
TRADEMARK INFRINGEMENT) ARE HEREBY DISCLAIMED BY HENKEL AND WAIVED BY
THE PURCHASER.
THIS SECTION SETS FORTH EXCLUSIVELY ALL OF LIABILITY FOR HENKEL TO THE
PURCHASER IN CONTRACT, IN TORT OR OTHERWISE IN THE EVENT OF DEFECTIVE
PRODUCTS.
WITHOUT LIMITATION OF THE FOREGOING, TO THE FULLEST EXTENT POSSIBLE UNDER
APPLICABLE LAWS, HENKEL EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR
ANY DAMAGES INCURRED DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE SALE
OR USE OF, OR OTHERWISE IN CONNECTION WITH, THE PRODUCTS, INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS AND SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, WHETHER CAUSED BY NEGLIGENCE FROM HENKEL OR OTHERWISE.
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