PREDATOR® LIMITED WARRANTY
WARRANTY THREE (3) YEARS
Industries, Inc. warrants its Predator®
manufactured by it, and sold pursuant to this order, will be of merchantable
quality, free from defects in material and workmanship as determined at the
date of shipment, by generally recognized, applicable and accepted practices and
procedures in the industry, for a period of three (3) years from the Highlight
invoice date, under normal use and service.
the Purchaser gives Highlight written notice of any alleged defect within the
applicable warranty period, Highlight will, at its option repair or replace the
same free of charge F.O.B. its manufacturing plant, installation not
included. Equipment replaced under the
warranty shall have the same warranty as new equipment but does not extend the
warranty of the original equipment.
of this warranty, consistent with other provisions herein, will be limited to
the replacement or repair or modification of, or issuance of a credit for, the
equipment involved, at Highlight’s option.
neither assumes nor authorizes any person to assume for it any other obligation
in connection with the sale of Highlight’s equipment.
warranty shall not apply to any equipment which has been repaired or altered by
un-authorized personnel in any way so as to, in the judgment of Highlight,
affect serviceability, or which has been subjected to misuse, negligence,
accident, or to equipment made by Highlight which has been operated in a manner
contrary to Highlight’s instructions.
no event regardless of the cause, shall Highlight be liable for penalties or
penalty clauses of any description or any damages resulting from loss of
profits, use of products or for any incidental indirect or consequential
damages, even if advised of the possibility of such damages. This limitation of
Highlight’s liability will apply regardless of the form of action, whether in
contract or tort, including negligence.
Any action against Highlight must be brought within twelve (12) months
after cause of action accrues.
“THIS WARRANTY IS
IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS AND EXTENDS ONLY TO
THE BUYER OR CUSTOMER PURCHASING FROM HIGHLIGHT OR AN AUTHOR IZED HIGHLIGHT