Warranty, Limitation of Liability, and Disclaimer
We warrant each new machine manufactured by us to be free from defects in material and workmanship under normal conditions and use for a period of one year from date of shipment. Our obligation under this warranty is expressly limited to replacing or repairing at our factory at Kenosha, WI any part or parts which shall within one year after shipment to purchaser be returned to our factory with transportation charges prepaid and which our examination shall show to have been defective. Prior to return to our factory, purchaser shall notify Encyclon of the claimed defect and Encyclon shall have the privilege of examining the machine at purchaser’s place of business; in the event this examination discloses no defect, purchaser shall have no authority to return the machine to our factory for further examination or repair. All parts shall be returned to purchaser, F.O.B. Kenosha, WI. This Warranty shall not apply to any machine or part which shall have been repaired or altered outside our factory, or operated or installed contrary to our instructions, or subjected to misuse, negligence or accident. Our Warranty on accessories and component parts not manufactured by us is expressly limited to that of the manufacturer thereof.
THE FOREGOING WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND OF ALL OTHER LIABILITIES AND OBLIGATIONS ON OUR PART; AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED, AND WE EXPRESSLY DENY THE RIGHT OF ANY OTHER PERSON TO INCUR OR ASSUME FOR US ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF ANY MACHINE MANUFACTURED BY US. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, COSTS OF CONNECTING OR DISCONNECTING, OR ANY LOSS OR DAMAGE RESULTING FROM A DEFECT IN THE MACHINE.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY OTHER TERMS AND CONDITIONS OTHER THAN THAT AS SET FORTH ON THIS PAGE WHICH CONFLICTS IN ANY WAY WITH THE MEANING AND EXACT WORDING AS PRESENTED.