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| LIMITED
WARRANTY FOR ENDOFLEX |
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Warranty
and Limited Remedy. This product will be free from defects
in material and manufacture for a period of ninety (90)
days from date of purchase. ETS Schaefer makes no other
warranties including, but not limited to, any implied
warranty of
merchantability or fitness for a particular purpose. User
is responsible for determining whether the ETS Schaefer
product is fit for a particular purpose and suitable for
user’s method of application. If this ETS Schaefer
product is proved to be defective within the warranty
period stated above, your exclusive remedy and ETS Schaefer’s
sole obligation shall be, at ETS Schaefer’s option,
to replace or repair the ETS Schaefer product or refund
the purchase price of the product.
Limitation of Liability. Except where prohibited by law,
ETS Schaefer will not be liable for any loss or damage
arising from the use of this ETS Schaefer product, whether
direct, indirect, special, incidental or consequential,
regardless of the legal theory asserted, including warranty,
contract, negligence or strict liability. |
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| LIMITED
WARRANTY FOR ALL OTHER PRODUCTS |
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ETS Schaefer Corporation ( “ETS Schaefer”)
wants every customer to be COMPLETELY SATISFIED with its
products. ETS Schaefer is committed to providing prompt,
responsive service to its customers and timely attention
to its customers' needs.
If an ETS Schaefer product fails under normal use within
one (1) year after date of its sale by ETS Schaefer because
of a defect in materials or workmanship, ETS Schaefer
will either repair or replace the defective product, at
ETS Schaefer’s option. ETS Schaefer does not warrant
against normal wear and tear, abuse, operations in excess
of specified limits, improper maintenance or intentionally
inflicted damage.
To be entitled to the benefits of this limited warranty,
the customer must maintain complete and reliable records
of key operating parameters as designated by ETS Schaefer,
must permit ETS Schaefer to make periodic inspections,
during normal business hours, of the product in use and
related customers records and must submit a claim in writing
to ETS Schaefer during the warranty period.
THIS WARRANTY IS LIMITED TO ITS PRECISE TERMS AND PROVIDES
THE EXCLUSIVE REMEDIES AVAILABLE. IT IS EXPRESSLY MADE
IN LIEU OF ALL OTHER REMEDIES. ETS SCHAEFER NEITHER MAKES
NOR ASSUMES ANY OTHER WARRANTIES OR GUARANTIES WHATSOEVER,
WHETHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ETS SCHAEFER SHALL NOT BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES, DIRECTLY OR
INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF THE
PRODUCTS, OR FROM ANY OTHER CAUSE RELATING THERETO, AND
ETS SCHAEFER’S LIABILITY HEREUNDER IN ANY CASE IS
EXPRESSLY LIMITED TO THE REPLACEMENT (IN THE FORM ORIGINALLY
SHIPPED) OF PRODUCTS NOT COMPLYING WITH THIS LIMITED WARRANTY
OR, AT ETS SCHAEFER’S ELECTION, TO CREDITING THE
CUSTOMER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF
SUCH PRODUCTS, WHETHER SUCH CLAIMS ARE FOR BREACH OF WARRANTY,
NEGLIGENCE OR OTHERWISE. IN NO EVENT SHALL ETS SCHAEFER
BE LIABLE FOR PENALTIES OF ANY DESCRIPTION.
Reference is made to the attached Terms and Conditions
of Sale which are incorporated herein by reference. |
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