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Warranty
GENERAL: Kendall Howard offers all users of our products the following Limited Warranty against defects in material and workmanship. Please read your Warranty
carefully. This Warranty sets forth our responsibilities in the unlikely event of defect and tells you how to obtain resolution.
TERMS OF WARRANTY: Kendall Howard products are warranted to be free of defects in material and workmanship. If any part or portion of the Kendall Howard
product fails to conform to the Warranty, Kendall Howard, at its option, will furnish new or factory remanufactured products for repair or replacement of that part.
WARRANTY EXTENDS TO FIRST PURCHASER FOR USE, NON-TRANSFERABLE: This Warranty is extended to the first person, firm, association, or corporation for whom
the Kendall Howard product specified herein is originally sold for use in the United States (the "User"). This Warranty is not transferable or assignable without the
prior written permission of Kendall Howard.
ASSIGNMENT OF WARRANTIES: Kendall Howard assigns to User any warranties which are made by manufacturers and suppliers of components of the Kendall
Howard product and which are assignable, but Kendall Howard makes NO REPRESENTATIONS as to the effectiveness or extent of such warranties, assumes NO
RESPONSIBILITY for any matters which may be warranted by such manufacturers or suppliers and extends no coverage under this Warranty to such components.
DRAWINGS, DESCRIPTIONS: Kendall Howard warrants for the period and on the terms of the Warranty set forth herein that the Kendall Howard product will
conform to the descriptions contained in Kendall Howard final invoices, orders, proposals (as modified) and other Kendall How ard descriptive documents
("Descriptions"). Kendall Howard does not control the use of any Kendall Howard product. Accordingly, it is understood that the Descriptions are NOT WARRANTIES
OF PERFORMANCE and NOT WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
WARRANTY CLAIMS PROCEDURE: Within a reasonable time, but in no case to exceed thirty (30) days, after User's discovery of a defect, User shall contact Kendall
Howard. Subject to the limitations specified herein, a Kendall Howard customer service representative will repair or replace the non-conforming Kendall Howard
product warranted hereunder, without charge for materials. User will not be charged for labor if performed within thirty (30) days of product purchase. In a ll other
instances, User will be charged for labor performed at Kendall Howard’s then current rates. Kendall Howard shall assume sh
ipping costs for replacement products
and return of the defective product to Kendall Howard. Warranty coverage will be extended only after Kendall Howard inspection
determines there is a defect as
claimed
and shows no signs of treatment or use which would void the coverage of this Warranty.
WARRANTY PERFORMANCE OF COMPONENT MANUFACTURERS: It is Kendall Howard’s practice, consistent with its desire to remedy Warran
ty defects in the most
prompt and effective manner possible, to cooperate with and utilize the services of component manufacturers and their authorized representatives in the
performance of work to correct defects in Kendall Howard components. Accordingly, Kendall Howard may utilize third parties in the performance of Warranty work,
including repair
or replacement hereunder, where, in Kendall Howard’s opinion, such work can be performed in less time, and with less expense.
ITEMS NOT COVERED BY WARRANTY: THIS WARRANTY DOES NOT COVER DAMAGE OR DEFECT CAUSED BY misuse, improper application, wrong or inadequate
electrical current or connection, negligence, inappropriate on site operating conditions, repair by non- Kendall Howard designated personnel, accident in transit,
tampering, alterations, a change in location or operating use, exposure to the elements, Acts of God, theft or installation contrary to Kendall Howard's
recommendations or specifications, or in any event if the Kendall Howard serial number has been altered, defaced, or removed. THIS WARRANTY DOES NOT COVER
installation costs, external circuit breaker resetting or maintenance or service items and further, except as may be specifically provided for herein, does N OT include
labor or shipping costs arising from the repair or replacement of the Kendall Howard product, or any part thereof, or charges to remove same from any premises of
User. THIS WARRANTY IS VOID if User alters the product in any way.
LIMITATIONS: THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE KENDALL HOWARD PRODUCT AS SET FORTH HEREIN. IF USER'S
REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, KENDALL HOWARD’S RESPONSIBILITY FOR
PROPERTY LOSS OR
DAMAGE SHALL NOT EXCEED ONE TIMES THE NET PRODUCT PURCHASE PRICE. IN NO EVENT SHALL KENDALL HOWARD ASSUME ANY LIABILITY FOR INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS
INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OR CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE.
MISCELLANEOUS: NO SALESPERSON, EMPLOYEE OR AGENT OF KENDALL HOWARD IS AUTHORIZED TO ADD TO OR VARY THE TERMS OF THIS WARRANTY. Warranty
terms may be modified, if at all, only in writing signed by a Kendall Howard officer. This Warranty is effective as of the da te of Kendall Howard receipt of full
payment and supersedes all previous warranties Kendall Howard reserves the right to supplement or change the terms of this Warranty in any subsequent warranty
offering to User or others. If any provision of this Warranty should be or becomes invalid and/or unenforceable during the wa rranty period, the remaining terms
and provisions shall continue in full force and effect. User must complete the attached User Information Card and forward it to Kendall Howard within thirty (30)
days of receipt of the Kendall Howard product. This Warranty is given in and performance hereunder is to be construed under the laws of the State of Nebraska.
This Warranty represents the entire agreement between Kendall Howard and User with respect to the subject matter herein and s upersedes all prior or
contemporaneous oral or written communications, representations, understandings, or agreements relating to this subject.