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Фрагмент инструкции
This warranty is effective provided that the equipment warranted hereunder is operated by the purchaser in accordance with generally approved practices, is properly maintained in accordance with the instructions contained in this owner's manual, and is operated within the manufacturer's rated capacity limitations. Any parts of the equipment found to be defective within the warranty period shall be repaired or replaced, at Mertz Manufacturing, LLC's sole option. Repairs must be performed at Mertz Manufacturing, LLC facilities or at an authorized dealer facility. Any part or parts proving defective within the above specified time will be repaired or replacement parts furnished, F.O.B. Ponca City, Oklahoma, providing such parts are returned, transportation prepaid, and found to be defective by the manufacturer. The purchaser is responsible to keep maintenance records to substantiate proper maintenance. If a defect becomes apparent, it is the purchaser's responsibility to notify Mertz Manufacturing, LLC or an authorized dealer of said defect. The purchaser agrees to return the defective equipment or parts to Mertz Manufacturing, LLC or to an authorized dealer facility, freight prepaid, within fifteen (15) days after the defective condition is discovered. All warranties, if any, extended to Mertz Manufacturing, LLC by manufacturers and suppliers of component parts, accessories, or other goods included in the manufacturing of Mertz Manufacturing, LLC products will be assigned, if contractually permitted, to the purchaser. Specific component warranty details will be provided to the purchaser upon request. This warranty excludes the following: maintenance items including, but not limited to, seals, track grousers, roller bearings, filters and spark plugs, equipment that has been repaired, replaced, or altered by someone other than Mertz Manufacturing, LLC or an authorized service facility without prior approval from Mertz Manufacturing, LLC unless, however; if Mertz Manufacturing, LLC, in its sole opinion, determines that the defective condition of the equipment was in no way caused by or was attributable to said repairs, replacements, or alternatives. Mertz Manufacturing, LLC and the purchaser agree that, in consideration of the above expressed warranty, all other warranties other than title, either expressed or implied, whether arising under law or equity including warranties of merchant ability and fitness for a particular purpose are excluded from this contract, further, the foregoing warranty is made solely to the first purchaser and may not be transferred in any form. Fifth Proof The sole liability of Mertz Manufacturing, LLC and the exclusive remedy of the purchaser arising out of the manufacture, sale, or use of the equipment provided hereunder, on warranties or otherwise, shall be limited to the cost of repair or replacement of defective parts as herein specified. Further Mertz Manufacturing, LLC's maximum liability hereunder arising from any cause whatsoever, including but not limited to, breach of contract or tort (including negligence), shall not exceed the contract price of the equipment furnished hereunder. Mertz Manufacturing, LLC shall not be responsible for work done, equipment or parts furnished, or for parts or repairs made by others unless the work is specifically ordered by Mertz Manufacturing, LLC. In no event shall Mertz Manufacturing, LLC be liable for removing defective parts or for reinstalling said parts when repaired or replaced by anyone other than Mertz Manufacturing, LLC or an authorized service facility or for any costs incurred with such removal or reinstallation. CONSEQUENTIAL DAMAGES Notwithstanding any other provision of this agreement, in no event shall Mertz Manufacturing, LLC be liable, whether arising under contract, tort (including negligence) or otherwise, for loss of anticipated profits, loss of use of capital or revenue, non-operational expenses, increased expense of operation cost of purchased or replacement equipment, damage to loads or contents of the equipment, transportation expenses due to repairs, claims of customers, cost of money, or for any special, incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever. This Warranty Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Oklahoma. Any litigation under this warranty will be held in Kay County in accordance with the laws of Oklahoma. Mertz Manufacturing, LLC P.O. Box 150 Ponca City, OK 74602 PO BOX 150 (74602) / 1701 N WAVERLY / PONCA CITY, OK 74601 PHONE: (580) 762-5646 / FAX: (580) 767-8411 / NT FAX: (580) 765-3934 Fifth Proof Brute Warranty Registration Dear Customer, Mertz Manufacturing, LLC wishes to thank you for your purchase. We are committed to providing our customers with the finest products and product support available in any market today. To do this, we need to update our database with s...
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