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MDC OFF-GRID extreme XT12HR - Page 128

MDC OFF-GRID extreme XT12HR
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www.mdcusa.com
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I Page I 127
5. ITEMS NOT COVERED UNDER THESE LIMITED WARRANTIES INCLUDE:
Rust
Wheels and Tires
Paint
Travel Covers, straps, handles, stuff sacks or pull strings
General consumables (e.g. bearings, light bulbs, tent stakes, etc)
Zippers and mesh or screens
Rip or tears in fabric
MDC DO NOT WARRANT PRODUCTS AGAINST NORMAL WEAR AND TEAR, UNAUTHORIZED MODIFICATIONS
OR ALTERATIONS, IMPROPER OR UNFORESEEABLE USE, IMPROPER MAINTENANCE, ACCIDENT, MISUSE,
NEGLIGENCE, DAMAGE, OR IF THE PRODUCT IS USED FOR A PURPOSE FOR WHICH IT WAS NOT DESIGNED.
YOU REPRESENT THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION OR WARRANTY OTHER THAN
THOSE EXPRESSLY SET FORTH HEREIN. IT IS YOUR RESPONSIBILITY TO (A) USE THE PRODUCTS IN A SAFE
MANNER AS IS APPROPRIATE FOR THE INTENDED USE OF THE PRODUCT; (B) DEVELOP AND IMPLEMENT
APPROPRIATE
SAFEGUARDS FOR USE, HANDLING OR OPERATING OF THE PRODUCT; AND (C) COMPLY WITH ALL APPLICABLE
SAFETY AND OTHER LAWS IN CONNECTION WITH THE PRODUCT’S USE, HANDLING AND OPERATION. THE
LIMITED WARRANTY SET FORTH HEREIN GIVES YOU SPECIFIC RIGHTS, BUT YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE. THIS LIMITED WARRANTY IS OFFERED ONLY TO YOU AS THE
DIRECT PURCHASER OF THE PRODUCT AND NOT TO ANY SUBSEQUENT PURCHASER, ASSIGNEE, TRANSFEREE
OR USER AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USAGE OF TRADE OR COURSE OF DEALING.
6. FACTORY SECONDS, EX-DEMONSTRATION AND DAMAGED GOODS
i. From time to time, MDC may offer for sale items deemed to be “factory seconds”, “ex-demonstration”, “used” or “damaged”.
Products sold as “factory seconds”, “ex-demonstration or “damaged” items are sold on an “as is” basis without any warranty
of any kind.
j. There are no warranties, refunds, credits, exchanges, or similar remedies associated with Products sold as “factory
seconds”, “ex-demonstration” or “damaged”. In the sale of such Products, MDC will attempt to provide all relevant
information regarding the Product, including any known faults, imperfections, or defects; however, there may be instances
where minor faults, imperfections, flaw, or defects have been overlooked, or where other latent faults, imperfections, flaws
or defects existed which were not detected by MDC, in each case after using reasonable commercial efforts. You
understand and agree that the foregoing incidences, should they occur, are PURELY UNINTENTIONAL and shall in no way
alter the nature of the sale or the warranty disclaimer herein.
k. Due to the nature of such Products being “ex-demonstration”, “factory seconds” or “damaged”, it is reasonable to expect
that some imperfections or flaws may exist, even where it is not initially apparent. By purchasing such a Product, you agree
to this statement in full and accept that there are no warranties implied or expressed no matter what the flaw, defect,
imperfection, or fault may be.
7. PRODUCTS BOUGHT AT AUCTION
d. From time to time, MDC, may, at their sole discretion, offer Products for auction, either independently or via a third party.
e. While MDC will make every commercially reasonable effort to provide all relevant information regarding the Product on
auction, to the maximum extent permitted by applicable law, any and all Products bought at auction do not carry any
statutory or other warranty.
f. To the maximum extent permitted by applicable law and unless specifically stated in writing at the time of auction, any
Products sold at auction by or on behalf of MDC shall carry no warranty, whether express, implied or statutory, and shall be
sold “as is.”

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