EAST
Warranty and Limitation of Liability
East Manufacturing Corporation warrants each new trailer or
body manufactured (hereinafter referred to as the equipment)
by us to be free from defects in materials and workmanship,
provided that the equipment warranted hereunder is operated
by the purchaser in accordance with generally approved practices,
with loads not exceeding the manufacturer's rated capacity
and with loads that are not abrasive or corrosive in nature.
BODY
and FRAME of the equipment found to be defective within the
warranty period shall be repaired or replaced (at East's sale
option), at East's factory location or authorized service
facility provided, however, the purchaser notifies East or
an authorized distributor as soon as any defect becomes apparent.
The period of warranty is for five (5) years from the date
of delivery of the equipment, and East shall bear that portion
of the cost of repairing or replacing defective parts of the
equipment on the following basis:
1
year 100%
2 years 80%
3 years 60%
4 years 40%
5 years 20%
All
warranties, if any, extended to East by the makers and suppliers
of component parts, accessories or other goods included in
the manufacture of East's equipment will be assigned, if contractually
permitted, to the purchaser. Specific component warranty details
will be provided to the purchaser upon request. Tire warranties
are expressly excluded from East's warranty herein.
This
warranty does not expand, enlarge upon, or alter in any way,
the warranties provided by the manufacturers and suppliers
of component parts and accessories.
The
purchaser agrees to return the defective equipment or parts
to East's factory location or authorized service facility,
freight prepaid, within fifteen days after the defective condition
is discovered. This warranty also excludes the following: normal wear, tear
and deterioration of the equipment; maintenance items including,
but not limited to, light bulbs, paint, brake lining, oil
seals and bearings; used equipment sold "as is";
equipment that has been repaired, replaced or altered by someone
other that East or one of its authorized service facilities
unless, however, East in its sale opinion determines that
the defective condition of the equipment was in no way abused
or was attributable to said repairs, replacements or alterations.
EAST
AND THE PURCHASER AGREE THAT, IN CONSIDERATION OF THE ABOVE
EXPRESSED WARRANTY, ALL OTHER WARRANTIES OTHER THAN TITLE,
EITHER EXPRESSED OR IMPLIED, WHETHER ARISING UNDER LAW OR
EQUITY INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS CONTRACT.
FURTHER, THE FOREGOING WARRANTY IS MADE SOLELY TO THE FIRST
PURCHASER FROM EAST OR FROM AN AUTHORIZED DISTRIBUTOR.
The
sale liability of East and the exclusive remedy of the purchaser
arising out of the manufacture, sale or use of the equipment
provided hereunder, on warranties or otherwise, shall be limited
to the cost of repair or replacement of defective parts as
herein specified. Further, East's maximum liability hereunder
arising from any cause whatsoever, including but not limited
to, breach of contract or tort (including negligence), shall
not exceed the contract price of the equipment furnished hereunder.
Further, East shall not be responsible for work done, equipment
or parts furnished or parts or repairs made by others unless
the work is specifically ordered by East or an authorized
distributor for the fulfillment of this warranty. In no event
shall East be liable for removing defective parts or for reinstalling
said parts when repaired or replaced by anyone other that
East or an authorized service facility or for any costs incurred
with such removal or reinstallation.
Consequential Damages
Notwithstanding any other provision of this agreement, in
no event shall East be liable, whether arising under contract,
tort (including negligence) or otherwise, for loss of anticipated
profits, damage to loads or contents of the equipment, transportation
expenses due to repairs, nonoperation cost of purchased or
replacement equipment, claim of customers, cost of money,
loss of use of capital or revenue, or for any special, incidental
or consequential loss or damage of any nature arising at any
time or from any cause whatsoever.
|
