| Warranty |
| SPX SERVICE SOLUTIONS LIMITED WARRANTY |
| KENT-MOORE LIFETIME MARATHON WARRANTY |
THIS WARRANTY IS EXPRESSLY LIMITED TO
ORIGINAL RETAIL BUYERS OF SPX’S KENT-MOORE BRANDED PRODUCTS OR PARTS (“KENT-MOORE
PRODUCTS”). THIS WARRANTY IS NOT ASSIGNABLE OR TRANSFERABLE. SPX MAKES NO
WARRANTY TO ANYONE ELSE, INCLUDING OTHER PURCHASERS AND/OR USERS, AND NONE
SHALL BE IMPLIED.
Except as otherwise provided in this warranty, KENT-MOORE Products are warranted
against defects in materials and workmanship for the life of the KENT-MOORE
Product, meaning that point in time when the KENT-MOORE Product no longer functions
due to normal wear. This warranty does not apply to electronic products, which
are covered by separate warranties. Nor does this warranty apply to the
following items, which may be incorporated into or sold with KENT-MOORE Products
and which are sold “as-is” with all faults: chains, batteries, electric motors,
knives and cutter blades. (Electric motors are warranted by their manufacturers
under conditions stated in their warranties.)
The sole and exclusive remedy for any KENT-MOORE Product found to be defective is
repair or replacement, at the option of SPX. If this exclusive remedy is deemed
to have failed of its essential purpose, SPX’s liability shall not exceed the
purchase price of the KENT-MOORE Product. In no event will SPX be liable for any
direct, indirect, special, incidental or consequential damages (including lost
profit) whether based on warranty, contract, tort or any other legal theory.
This warranty does not cover any KENT-MOORE Product that has been abused, altered,
worn out, contaminated, rusted, heated, ground, damaged due to side loading,
used for a purpose other than that for which it was intended, or used in a
manner inconsistent with SPX/MILLER’s instructions regarding use. The existence
of a defect shall be determined by SPX in accordance with procedures
established by SPX. No one is authorized to make any statement or
representation altering the terms of this warranty.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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SOFTWARE
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| The above warranty applies to KENT-MOORE Product
software except that, instead of warranting against defects in materials and
workmanship, SPX warrants that KENT-MOORE Product software, when properly
installed, will execute its programmed instructions. SPX does not warrant that
software will operate uninterrupted or error-free. KENT-MOORE Product software is
proprietary, confidential information protected under copyright law. Users have
no right in or title to KENT-MOORE Product software other than a limited right of
use revocable by SPX. KENT-MOORE Product software may not be transferred or
disclosed without the written consent of SPX and may not be copied except in
ordinary backup procedures.
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REPAIR
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Should your KENT-MOORE Product require repair
service, return it freight prepaid to an KENT-MOORE authorized service center, and
provide proof of purchase. If the KENT-MOORE Product is covered by warranty, SPX
will return the repaired KENT-MOORE Product or a replacement ground freight
prepaid. If the KENT-MOORE Product is determined to be out of warranty, it will be
repaired for a reasonable charge plus return freight.
Revision 8/26/2002 |
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