LIMITED WARRANTY FOR MIDSOUTH TAGGER
Supplier warrants that, for a period of 90 days following Buyer’s receipt of the MidSouth Tagger (the “Tagger”) and except with respect to the Excluded Parts (see below for a list of Excluded Parts), (a) the Tagger will be new and free from defects in workmanship and materials; and (b) upon delivery, Buyer will receive good title to the Tagger, free and clear of any liens, security interests, or other encumbrances. Supplier’s only obligation is to (i) replace the non-conforming product and (ii) pay actual, direct and proven damages incurred by Buyer in connection with the product proved by Buyer to be defective within 90 days from the date Buyer receives the Tagger, subject to the limitations set forth in Section 12 of this Agreement.
EXCEPT FOR THIS LIMITED WARRANTY, (A) NEITHER SUPPLIER NOR ANY PERSON ON SUPPLIER’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND (B) BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY SUPPLIER, OR ANY OTHER PERSON ON SUPPLIER’S BEHALF.
Supplier shall not be liable for any consequential (including indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues, or diminution in value), from use of or inability to use the product, regardless of (a) whether such damages were foreseeable, (b) whether or not Buyer was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
Before using or sending to a third party, Buyer shall determine suitability of the product for intended use.
This warranty does not include:
- Any condition resulting from a use for which the product was not intended or from product modifications made by Buyer
- Any condition resulting from incorrect or inadequate storage
- Damage resulting from misuse, abuse, negligence, accidents or shipping damage
- Dissatisfaction due to Buyer’s remorse
- Damages incurred during transportation
Excluded Parts. This 90 day limited warranty shall not apply to the following parts:
- P# 204- Detent pins
- P# 203- Return springs
- P# 226- Valeers
- P# 1180- Long blade
- P# 1190- Short blade
This is Supplier’s sole warranty with respect to the Tagger, and there shall be no third party beneficiaries to this warranty.
Oct. 2023 v.1