Rotary Systems (“Seller”) warrants that the goods manufactured and sold by Seller (“Goods”) will be free from defects in materials or workmanship under normal use and care until the expiration of the warranty period. Goods are warranted for twelve (12) months from the date of shipment by Seller. Products purchased by Seller from a third party (“Resale Products”) for 1) resale to Buyer or as 2) products incorporated into Seller’s Goods
shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects in Goods and notifies Seller thereof in writing during the limited warranty period, Seller shall, at its option, 1) repair any errors that are found by Seller or 2) replace
F.O.B. point of manufacture that portion of the Goods found by Seller to be defective, or 3) refund the purchase price of the defective portion of the Goods. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification or disassembly (including but not limited to the Buyer’s installation of seal kits, brush blocks or other replacement parts), repair, storage or handling, or any other cause not the fault of
Seller are not covered by this limited warranty and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. Any and all costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by
Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or six (6) months, whichever is longer. This limited warranty is the only warranty made by Seller and can be amended only in writing signed by Authorized Representative of Seller. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE.
THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS.