replacement of any nonconforming item and/or part thereof shall constitute fulfill- ment of all obligations to the purchaser. Alltrade shall not be responsible or liable for any expense, including freight charges, or repairs made outside Alltrade’s facil- ity, unless expressly agreed to by Alltrade in writing. Under no circumstances shall Alltrade bear any responsibility for loss of the unit, loss of time or rental, inconven- ience, commercial loss or consequential damages.
Exclusions
This warranty does not cover parts damaged due to normal wear, abnormal condi- tions, misapplication, misuse, abuse, accidents, operation at other than recom- mended pressures or temperatures, improper storage or freight damage. Parts damaged or worn by operation in dusty environments are not warranted. Failure to follow recommended operating and maintenance procedures also voids warranty.
The following additional items are not covered under this warranty: pump or valve failure caused by rain, excessive humidity, corrosive environments or other contam- inants; cosmetic defects that do not interfere with compressor functionality; and rusted tanks, including but not limited to rust due to improper drainage or corrosive environments.
This warranty shall not apply when: the air compressor has been used for commer- cial or rental purposes; defects in materials or workmanship or damages result from repairs or alterations which have been made or attempted by others or the unautho- rized use of nonconforming parts; damage is due to abuse (including overloading of the air compressor beyond capacity), improper maintenance, neglect or accident, or the damage is due to use of the air compressor after partial failure or use with improper accessories.
Alltrade will not be liable for the following: labor charges, loss or damage resulting from improper operation, maintenance or repairs made by other persons;
The use of other than genuine Alltrade Repair Parts will void warranty.
Warranty Disclaimers
EXCLUSION AND DISCLAIMER OF ALL OTHER EXPRESS WARRANTIES, GUAR- ANTIES AND/OR REPRESENTATIONS. EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, ALL OTHER EXPRESS WARRANTIES, GUARANTIES AND/OR REPRESENTATIONS BY ALLTRADE AND/OR ITS REPRESENTATIVE(S) REGARDING THE DESIGN, MANUFACTURE, PURCHASE, USE AND/OR OPERATION OF THE AIR COMPRESSOR OR ANY COMPONENT THEREOF SOLD HEREUNDER, REGARD- LESS OF WHETHER ANY SUCH WARRANTY, GUARANTY AND/OR REPRESENTA- TION, WRITTEN OR ORAL, ARISES BY OPERATION OF LAW AND/OR EQUITY AND/OR BY ANY ACT OR OMISSION OF ALLTRADE AND/OR ITS REPRESENTA- TIVE(S), OR THE BUYER, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY ALLTRADE AND/OR ITS REPRESENTATIVES. PURCHASER KNOWINGLY AND WILLINGLY WAIVES ANY AND ALL SUCH WARRANTIES AND RIGHTS, CLAIMS AND/OR CAUSES OF ACTION ARISING THEREFROM OR BASED THEREON. PUR-
CHASER’S SOLE AND EXCLUSIVE REMEDY IS AS STATED ABOVE.
EXCLUSION AND DISCLAIMER OF ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY, ORAL OR WRITTEN, OTHER THAN THE ABOVE WAR- RANTY IS MADE WITH REGARD TO THIS AIR COMPRESSOR. ALL EXPRESS AND/OR IMPLIED WARRANTIES, GUARANTIES AND/OR REPRESENTATIONS BY ALLTRADE AND/OR ITS REPRESENTATIVE(S) REGARDING THE DESIGN, MANU- FACTURE, PURCHASE, USE AND/OR OPERATION OF THE AIR COMPRESSOR OR ANY COMPONENT THEREOF SOLD HEREUNDER, REGARDLESS OF WHETHER ANY SUCH WARRANTY, GUARANTY AND/OR REPRESENTATION, WRITTEN OR ORAL, ARISES BY OPERATION OF LAW AND/OR EQUITY AND/OR BY ANY ACT OR OMISSION OF ALLTRADE AND/OR ITS REPRESENTATIVE(S), OR THE PURCHAS- ER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MER- CHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY ALLTRADE AND/OR ITS REPRESENTATIVES. PURCHASER KNOWINGLY AND WILLINGLY WAIVES ANY AND ALL SUCH WARRANTIES AND RIGHTS, CLAIMS AND/OR CAUSES OF ACTION ARISING THEREFROM OR BASED THEREON.
PURCHASER’S SOLE AND EXCLUSIVE REMEDY IS AS STATED ABOVE.
Limitation Of Liability
IN NO EVENT SHALL ALLTRADE AND/OR ITS REPRESENTATIVE(S) BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, ANY BREACH OF ANY PROVISION OF ANY AGREEMENT BETWEEN ALLTRADE AND/OR ITS REP- RESENTATIVE(S) AND PURCHASER, ANY WARRANTY HEREUNDER, AND/OR THE EXISTENCE, DESIGN, MANUFACTURE, PURCHASE, USE AND/OR OPERATION OF ANY ITEM(S) SOLD HEREUNDER EVEN IF ALLTRADE AND/OR ITS REPRESENTA- TIVE(S) HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT, WHETHER AS A RESULT OF A BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL ALLTRADE’S AND/OR ITS REPRESENTATIVE(S)’ LIABILITY EXCEED THE PRICE OF THE AIR COMPRESSOR. ANY AND ALL LIABILITY CONNECTED WITH THE USE OF THIS AIR COMPRESSOR SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIODS SPEC- IFIED ABOVE.
Limitations on Warranty Disclaimers
Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of the incidental or consequen- tial damages, so part or all of the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
If your product is not covered by this warranty, please call our Customer Service Department at
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