KELLO-BILT INC warrants its products to be free of defects in material and workmanship for a period of twelve (12) months from the date of first use by the original purchaser at retail, under normal use and service. Defective parts must be returned to KELLO-BILT INC at owner's expense for inspection. The obligation of KELLO-BILT INC under this warranty shall be limited to shipment, to the original purchaser at retail, of the parts of the equipment intended to replace the part or parts acknowledged by KELLO-BILT INC to be defective in material or workmanship and does not include any installation or transportation costs. No warranty is made with respect to items made by others, since such items are warranted by their respective makers. No liability is assumed for expenses or damages resulting from the malfunction or interruption in operation of equipment. This warranty shall not apply to any equipment, or any part thereof, which has been damaged in any accident, or by fire, flood, or Acts of God, or abused or misused, or which has been altered elsewhere than at the place of manufacture, or in which the original purchaser thereof, at retail, has used or allowed to be used, parts not made or supplied by KELLO-BILT INC. KELLO-BILT INC reserves the right at any time to make changes in the design, material, or specifications of machinery, equipment or parts without thereby becoming liable to make similar changes in machinery, equipment or parts previously manufactured.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESSED OR IMPLIED.
Disclaimer of Warranty and Limitations of Liability
- Except for the expressed warranty stated above, KELLO-BILT INC grants no warranties, either expressed or implied regarding products furnished hereunder, including all implied warranties.
- The sole liability of KELLO-BILT INC with respect to any contract or sale or anything done in connection therewith is to repair or replace the defective parts or machines it has provided. The liability of KELLO-BILT INC for any claim of any kind shall not exceed the purchase price of the machine or part sold which gives rise to the claim. Except for repair or replacement of the defective part or machine, KELLO-BILT INC shall have no liability for damages resulting from breach of contract, breach of expressed or implied warranty, negligence or result from the design, manufacture sale delivery, resale, inspection or repair of any machine or part.
- KELLO-BILT INC shall not be liable in any event for special, indirect, incidental or consequential damages resulting from any breach of contract, breach of expressed or implied warranty, negligence or strict liability in tort, including, by way of example but not limitation, loss of profits or revenue, loss of use of the machine or parts or associated equipment, expediting expenses, or cost of substitute equipment.