| WARRANTY
Rapco Inc. warrants new
Rapco products and parts replaced in connection with overhauled products, by
it to be free from defects in material and workmanship for the particular
product warranty period listed below. If within such period, any such
replacement parts shall be proved to Rapco’s satisfaction to be defective,
such replacement parts shall be replaced, or the purchase price refunded at
Rapco’s sole option. The customer’s exclusive remedy and Rapco’s sole
obligation hereunder shall be limited to such replacement, F.O.B. Rapco’s
factory, or to refund of the purchase price, and shall be conditioned upon
Rapco’s receiving written notice of any alleged defects within thirty (30)
days after its discovery, and at Rapco’s option, return of such products
prepaid to its factory. This warranty shall not apply or extend to any
parts that have not been replaced in connection with reconditioning or
rebuilding or products by Rapco or to replacement parts repaired or altered
by others that Rapco so as in its judgment adversely to effect the same, or
to replacement parts that were subject to negligence, accident, damages by
circumstances beyond Rapco’s control, to improper installation (if by others
than Rapco), operation, maintenance or storage, or to other than normal use
or service. Further, as to any parts that have not been replaced in
connection with reconditioning or rebuilding or products by Rapco, Rapco,
not being the manufacturer of any such parts nor the manufacturer’s agent,
makes no express or implied warranties or representations of any kind as to
any matter whatsoever, including, without limitation, condition, design,
quality or capacity of any such parts, mechantability and fitness for a
particular purpose of any such parts with the requirement of any law, rule,
specification or contract pertaining thereto.
THE FORGOING WARRANTIES
ARE IN LIEU OF ALL OTHER EXPRESS WARRANTIES (EXCEPT WRITTEN WARRANTIES SPECIFICALLY
LABELED AS “WARRANTIES OR GUARANTIES” AND FURNISHED BY RAPCO) AND ARE IN
LIEU OF ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAPCO
SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATION OR LIABILITIES WHATSOEVER WITH
RESPECT TO PARTS REPLACED IN CONNECTION WITH RECONDITIONING OR REBUILDING OR
PRODUCTS OR SERVICES FURNISHED BY IT, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS
RELATED THERETO.
RAPCO
SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR CONTINGENT DAMAGES
WHATSOEVER WHETHER BASED ON BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR
ANY STRICT LIABILITY THERORY.
WARRANTY VOID IF PRODUCT
HAS BEEN DISASSEMBLED.
WARRANTY PERIOD
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