New Equipment - Warranty
Conococheague Stainless LLC Limited Warranty
Conococheague Stainless LLC ("C Stainless") warrants to the Buyer that the C Stainless Equipment set out in this Purchase Agreement and supplied by C Stainless will be free from defects in materials and workmanship for a period of ONE YEAR from the date of purchase. Equipment, parts or accessories manufactured by others and provided by C Stainless along with the C Stainless Equipment will carry a separate warranty. This warranty is conditioned on the accuracy of the information furnished by the customer to C Stainless at any time, but particularly at the time of purchase, delivery, and installation (where applicable). This warranty also is conditioned upon proper maintenance being performed. Buyer understands and accepts that any other oral or written statements or representations by C Stainless, one of its employees, or anyone else representing C Stainless Equipment, are not warranties of C Stainless.
The C Stainless equipment will fulfill the mechanical function it was designed to perform but due to the wide variation in farm animals, raw product, management or process practices, and other conditions beyond the control of C Stainless, no specific level of performance is guaranteed.
Excluded from this warranty are damages caused by late delivery, ordinary wear and tear, misuse, abuse, or improper handling or operation of the equipment.
C Stainless makes no other warranty for the equipment that C Stainless provides, express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
C Stainless will repair or replace at the seller's location, or at its option, refund the purchase price of the equipment which is not as warranted above, provided the Buyer notifies C Stainless within 10 days of discovery of a defect by the Buyer. The Buyer is responsible to provide information describing which part of the equipment is affected and the manner in which the warranty has not been fulfilled.
THE REMEDIES SET OUT ABOVE ARE THE BUYER'S EXCLUSIVE REMEDIES FOR BREACH OF THIS LIMITED WARRANTY. C STAINLESS IS NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, BASED UPON BREACH OF THIS WARRANTY OR NEGLIGENCE.
Buyer has evaluated the risk of failure of the equipment, and that risk is reflected in the purchase price of the equipment. It is the intention of the parties that their legal rights, remedies and liabilities be governed solely by the terms of this Limited Warranty.
IN CONSIDERATION OF THIS LIMITED WARRANTY AND REMEDIES SET OUT ABOVE, BUYER WAIVES ANY AND ALL OTHER CLAIMS AND CAUSES OF ACTION AGAINST C STAINLESS RELATING TO THE DESIGN, MANUFACTURE, USE OR OPERATION OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO CLAIMS BASED ON BREACH OF CONTRACT, STRICT LIABILITY, PRODUCT LIABILITY, OR NEGLIGENGE OR OTHER FAULT OF C STAINLESS.