Thomas 135TA - Thomas Equipment Liability Warranty

THOMAS EQUIPMENT LIABILITY WARRANTY
THE WARRANTY IS THE ONLY OBLIGATION OF THOMAS OR A THOMAS
DEALER TO THE PURCHASER OR ANYONE ELSE CONCERNING A PRODUCT, IT’S
SERVICE, IT’S USE OR PERFORMANCE OR IT’S LOSS OF USE OR FAILURE TO
PERFORM. NEITHER
THOMAS NOR A THOMAS DEALER HAVE MADE AND
NEITHER
WILL MAKE ANY OTHER EXPRESSED OR IMPLIED REPRESENTATION,
WARRANTY OR AGREEMENT
CONCERNING
A PRODUCT, NEITHER THOMAS NOR
A THOMAS DEALER HAVE MADE OR WILL MAKE ANY REPRESENTATION,
W
ARRANTY OR AGREEMENT CONCERNING A PRODUCT’S MERCHANTABILITY
OR OTHER QUALITY, IT’S SUITABILITY FOR PURCHASER’S PURPOSE (EVEN IF A
PURCHASER HAS INFORMED THOMAS OR A THOMAS DEALER OF THAT
PURPOSE), IT’S DURABILITY, PERFORMANCE OR OTHER CONDITION.
EVEN IF THOMAS OR A THOMAS DEALER WAS ADVISED OF THE
POSSIBILITY OF SUCH LOSS, NEITHER THOMAS NOR A THOMAS DEALER WILL BE
LIABLE TO PURCHASER OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL
CONSEQUENTIAL, PUNITIVE, ECONOMIC, COMMERCIAL, OR SPECIAL LOSS
WHICH IN ANY WAY ASSOCIATED WITH A PRODUCT. THIS INCLUDES ANY LOSS OF
USE OR NON-PERFORMANCE OF A PRODUCT, ANY REPLACEMENT RENTAL OR
ACQUISITION COST, ANY LOSS OF REVENUE OR PROFITS, ANY FAILURE TO
REALIZE EXPECTED SAVINGS, ANY INTEREST COSTS, ANY IMPAIRMENT OF
OTHER GOODS, ANY INCONVENIENCE OR ANY LIABILITY OF THE PURCHASER TO
ANY OTHER PERSON.
PURCHASER MAY NOT ATTEMPT TO ENLARGE ITS RIGHTS UNDER THE
WARRANTY BY MAKING CLAIM, FOR INDEMNITY, FOR BREACH OF CONTRACT,
FOR BREACH OF COLLATERAL WARRANTY, FOR A TORT (INCLUDING
NEGLIGENCE, MISREPRESENTATION OR STRICT LIABILITY) OR BY CLAIMING
ANY OTHER CAUSE OF ACTION.
THE WARRANTY IS A CONDITION OF SALE OF THE PRODUCT TO THE
PURCHASER AND WILL THEREFORE APPLY EVEN IF THE PURCHASER ALLEGES
THAT THERE IS A TOTAL FAILURE OF THE PRODUCT.
N.B. Read and practice your Thomas operating and servicing instructions. Failure to do this may
void the warranty.
PUBLICATION NUMBER 52473
© Thomas Equipment Inc. 2005
Printed in Canada