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WARRANTY INFORMATION
WerkMaster Grinders & Sanders Inc., herein referred to as WerkMaster, warrants
that each new machine, manufactured by WerkMaster to be free from defects in
material and workmanship in normal use and service for a period of three years
(3) from date of shipment to the original Purchaser or Distributor.
WerkMaster will, at its option, repair or replace, at the WerkMaster factory or at a
point designated by WerkMaster, any part which shall appear to the satisfaction
of WerkMaster inspection to have been defective in material or workmanship.
WerkMaster reserves the right to modify, alter and improve any part or parts
without incurring any obligation to replace any part or parts previously sold
without such modified, altered or improved part or parts.
This warranty is in lieu of and excludes all other warranties, expressed, implied,
statutory, or otherwise created under applicable law including, but not limited to
the warranty of merchantability and the warranty of fitness for a particular
purpose. In no event shall the Seller or the Manufacturer of the product be liable
for special, incidental, or consequential damages, including loss of profits,
whether or not caused by or resulting from the negligence of Seller and/or the
Manufacturer of the product unless specifically provided herein.
In addition, this warranty shall not apply to any products or portions thereof
which, at WerkMaster’s discretion, have been subjected to abuse, misuse,
improper installation, maintenance, or operation, electrical failure or abnormal
conditions, and to products which have been tampered with, altered, modified,
repaired, reworked by anyone not approved by the Seller, or used in any manner
inconsistent with the provisions of the above or any instructions or specifications
provided with or for the product.
Except for conditions or warranties which may not be excluded by law, the Seller
makes no warranty of its own on any item warranted by WerkMaster, and makes
no warranty on other items unless it delivers to the Purchaser a separate written
warranty document specifically warranting the item. The Seller has no authority
to make any representation or promise on behalf of WerkMaster or to modify the
terms or limitations of this warranty in any way.
Seller shall use reasonable efforts to attempt to cause the Products to be
delivered as provided for in these Terms & Conditions. Delivery to the initial
common carrier shall constitute the delivery to the Purchaser. Seller’s
responsibility, in so far as transportation risks are concerned, ceases upon the
delivery of the Products in good condition to such carrier at the F.O.B. point and
all the Products shall be shipped at the Purchaser’s risk. Seller shall not be
responsible or liable for any loss of income and/or profits, or incidental, special,
consequential damages resulting from Seller’s delayed performance in shipment
and delivery.
Defective or failed material shall be held at the Purchaser’s premises until
authorization has been granted by Seller to return or dispose of Products.
Products that are to be returned for final inspection must be returned Freight
Prepaid in the most economical way. Credit will be issued for material found to
be defective upon Seller’s inspection based on prices at time of purchase.