Warranty Information

LIMITED AND CONDITIONAL WARRANTY, DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES AND LIABILITY.

(I) LIMITED AND CONDITIONAL WARRANTY  Manufacturer warrants to the original retail Purchaser or the original end user Purchaser that the Products supplied hereunder shall be free from defects in material and workmanship. Manufacturer shall repair or replace, F.O.B. its selected factory location in the United States of America, any part or parts of Products defective in workmanship or material, which are returned to its specified plant location in the United States of America, freight prepaid, within six months from the date of delivery to Purchaser.

(II) CONDITIONS OF WARRANTY
(a) Repair or replacement will be at the option of Manufacturer.
(b) Manufacturer's repair or replacement hereunder shall be exclusive of any removal, installation, freight or insurance costs.
(c) Any request for repair or replacement hereunder must be directed to Manufacturer at the following address:

P.O. Box 77
Warsaw, IN 46581-0077
U.S.A.

Manufacturer will not accept shipments of any parts or Products unless it has provided prior written authorization and a Return Goods Authorization Number.

(d) This Limited and Conditional Warranty is conditioned upon operation of Products in accordance with generally approved industry practice, and in accordance with conditions of service and operating instructions specified by Manufacturer, including proper installation and maintenance of Products, and prompt notice of non-conformity of Products.
(e) Excluded from Manufacturer's obligations for repair or replacement hereunder are repairs or replacements required as a result of wear and tear of Products, abrasion, erosion, corrosion, effects of heat, external forces, or other conditions of service beyond the control of Manufacturer.
(f) Purchasers which are Manufacturer's representatives may pass Manufacturer's standard Limited and Conditional Warranty on to end user purchasers of Manufacturer's Products, but such Purchasers may make no additional or other warranty on behalf of Manufacturer.

(III) DISCLAIMER OF WARRANTIES  THE LIMITED AND CONDITIONAL WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ANY AND ALL REPRESENTATIONS, SPECIFICATIONS, WARRANTIES AND REMEDIES, EITHER EXPRESS OR IMPLIED, HEREIN OR ELSEWHERE, OR WHICH MIGHT ARISE UNDER LAW OR EQUITY, OR PURSUANT TO ANY COURSE OF DEALING OR CUSTOM OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR ANY SPECIFIED OR INTENDED PURPOSE.

(IV) LIMITATIONS OF REMEDIES AND LIABILITY  PURCHASER'S SOLE AND EXCLUSIVE REMEDY AGAINST MANUFACTURER SHALL BE THE REMEDY OF DEFECTS IN MATERIALS AND WORKMANSHIP OF ANY PART OR PARTS OF PRODUCTS DELIVERED HEREUNDER AS
PROVIDED BY, AND WITHIN THE TIME PERIOD SPECIFIED IN, MANUFACTURER'S LIMITED AND CONDITIONAL WARRANTY SET FORTH ABOVE. MANUFACTURER'S LIMITED AND CONDITIONAL WARRANTY CONSTITUTES THE SOLE REMEDY OF PURCHASER WITH RESPECT TO OR ARISING OUT OF THE EQUIPMENT, PRODUCTS OR SERVICES OF MANUFACTURER, WHETHER BASED ON CONTRACT, TORT, (INCLUDING NEGLIGENCE AND STRICT LIABILITY). OR OTHERWISE. NOTWITHSTANDING ANY OTHER PROVISIONS HEREOF, IN NO EVENT SHALL MANUFACTURER, OR ITS SUBCONTRACTORS OR SUPPLIERS, BE LIABLE. WHETHER ARISING UNDER PERFORMANCE OF THE CONTRACT ("CONTRACT") OF WHICH THIS LIMITED AND CONDITIONAL WARRANTY, DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES AND LIABILITY IS A PART, OR BREACH OF SUCH CONTRACT, OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR OTHERWISE, FOR LOSS OF ANTICIPATED PROFITS, LOST SALES, INJURY TO PERSONS OR PROPERTY, LOSS BY REASON OF PLANT SHUTDOWN, NON-OPERATION OR INCREASED EXPENSE OF OPERATION, SERVICE INTERRUPTIONS, CLAIMS OF CUSTOMERS OF PURCHASER, COST OF MONEY, LOSS OF USE OF CAPITAL OR REVENUE, OR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE ANY KIND WHATSOEVER, ABC'S LIABILITY, FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RESULTING FROM SUCH CONTRACT, OR FROM ITS PERFORMANCE OR BREACH, SHALL IN NO CASE EXCEED THE CONTRACT PRICE AS SET FORTH IN SUCH CONTRACT.