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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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