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9. WARRANTY
Kito Corporation (“Kito”) extends the following warranty to the original purchaser (“Purchaser”) of new
products manufactured by “Kito” (Kito’s Products).
(1) “Kito” warrants that Kito’s Products, when shipped, shall be free from defects in workmanship and/or
materials under normal use and service and “Kito” shall, at the election of “Kito”, repair or replace free
of charge any parts or items which are proven to have said defects, provided that all claims for defects
under this warranty shall be made in writing immediately upon discovery and, in any event, within one
(1) year from the date of purchase of Kito’s Products by “Purchaser” and provided, further, that defective
parts or items shall be kept for examination by “Kito” or its authorized agents or returned to Kito’s
factory or authorized service center upon request by “Kito”.
(2) “Kito” does not warrant components of products provided by other manufacturers. However to the extent
possible, “Kito” will assign to “Purchaser” applicable warranties of such other manufacturers.
(3) Except for the repair or replacement mentioned in (1) above which is “Kito”’s sole liability and
purchaser’s exclusive remedy under this warranty, “Kito” shall not be responsible for any other claims
arising out of the purchase and use of Kito’s Products, regardless of whether “Purchacer”’s claims are
based on breach of contract, tort or other theories, including claims for any damages whether direct,
indirect, incidental or consequential.
(4) This warranty is conditional upon the installation, maintenance and use of Kito’s Products pursuant to
the product manuals prepared in accordance with content instructions by “Kito”. This warranty shall not
apply to Kito’s Products which have been subject to negligence, misuse, abuse, misapplication or any
improper use or combination or improper fittings, alignment or maintenance.
(5) “Kito” shall not be responsible for any loss or damage caused by transportation, prolonged or improper
storage or normal wear and tear of Kito’s Products or for loss of operating time.
(6) This warranty shall not apply to Kito’s Products which have been fitted with or repaired with parts,
components or items not supplied or approved by “Kito” or which have been modified or altered.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS
FOR A PARTICULAR PURPOSE.
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