PREDATOR® LIMITED WARRANTY
LIMITED WARRANTY THREE (3) YEARS
Highlight 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.
When 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.
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.
Highlight neither assumes nor authorizes any person to assume for it any other obligation in connection with the sale of Highlight’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 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.
In 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 DISTRIBUTOR.”