WARRANTY
WARRANTY AND LIMITATION OF LIABILITY
1. OMS® warrants to the purchaser that goods sold by OMS® to the purchaser will be free from
manufacturing defects in materials and workmanship for a period of ninety (90) days after the date
of purchase from an authorized OMS® dealer.
2. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 1 'WARRANTY AND LIMITATION
OF LIABILITY", COMPANY MAKES NO WARRANTIES TO THE PURCHASER, WRITTEN
OR ORAL, EXPRESS, IMPLIED OR STATUTORY, IN ANY MANNER OR FORM
WHATSOEVER INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE, WHICH
ARE HEREBY EXPRESSLY DISCLAIMED.
3. The warranty does not apply to goods that have been subject to abuse, misuse, neglect,
improper installation or alteration after delivery to the carrier for shipment to the purchaser. At
OMS'® request, the purchaser shall return goods to OMS® at its Middletown, NY, office for
verification that the warranty set forth in these terms and conditions as limited by this paragraph is
applicable. Any such returns are subject to the provisions in the RETURN POLICY Section.
4. In the event OMS® determines that the warranty set forth above in #1 of this Section are
limited by #3 in this Section is applicable to any goods, OMS® shall, as the purchaser's sole
remedy, replace, repair or at OMS'® sole discretion, issue to the purchaser a credit for an amount
not to exceed the original purchase price paid by the purchaser for the affected goods. OMS® shall
have no liability with respect to warranty claims made by the purchaser more than ninety (90) days
after OMS'® sale of the goods involved to the purchaser. In no event shall OMS® be liable to the
purchaser for a special, incidental or consequential damages. OMS® shall have no liability to the
purchaser for any delay or failure in carrying out its obligation to the purchaser for reasons beyond
OMS'® control, including without limitation, acts of God, war, natural disasters, labor disputes,
changes in or compliance with laws, regulations or governmental policies and shortages of supplies
and services. OMS® may extend delivery until any such cause of delay has been removed, or at its
option, cancel the undelivered portion of any order so affected without liability to the purchaser;
except for the return of any payment made by the purchaser to OMS® with respect to any
undelivered portion of the order so canceled.
