LIMITED WARRANTY ONE (1) YEAR
Excel Packaging Systems, Inc., the manufacturer of Preferred Packaging Machinery, warrants equipment machine 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 one (1) years from the invoice date, under normal use and service.
When the Purchaser gives Excel Packaging Systems written notice of any alleged defect within the applicable warranty period, Excel 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.
Satisfaction 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.
Excel Packaging Systems, Inc. and its authorized distributors neither assume nor authorize any person to assume for it any other obligation in connection with the sale of Excel's Equipment.
This 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 Excel, affect serviceability, or which has been subjected to misuse, negligence, accident, or to equipment made by Excel which has been operated in a manner contrary to Excel's instructions.
In no event regardless of the cause, shall Excel or its authorized distributor 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 liability will apply regardless of the form of action, whether in contract or tort, including negligence. Any action against Excel 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 EXCEL PACKAGING SYSTEMS, INC. OR AN AUTHORIZED EXCEL / PREFERRED PACKAGING DISTRIBUTOR.