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, IT’S SERVICE, IT’S USE
OR PERFORMANCE OR IT’S 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
PRODUCT’S MERCHANTABILITY OR OTHER QUALITY, IT’S SUITABILITY FOR
PURCHASER’S PURPOSE (EVEN IF A PURCHASER HAS INFORMED THOMAS OR A
THOMAS DEALER OF THAT PURPOSE), IT’S DURABILITY, PERFORMANCE OR OTHER
CONDITION.
EVEN IF THOMAS OR A THOMAS DEALER WAS ADVISED 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 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 THE PURCHASER TO ANY OTHER PERSON.
PURCHASER MAY NOT ATTEMPT TO ENLARGE ITS RIGHTS UNDER THE WARRANTY BY
MAKING 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 THE PURCHASER AND
WILL THEREFORE APPLY EVEN IF THE 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 the
warranty.
PUBLICATION NUMBER 52597
© Thomas Equipment 2004 Inc.
Printed in Canada
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