Kawasaki 840168, 840169

Warranty Disclaimers

EXCLUSION AND DISCLAIMER OF ALL OTHER EXPRESS WARRANTIES,

GUARANTIES 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

PRODUCT 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

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. PURCHASER’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

WARRANTY IS MADE WITH REGARD TO THIS PRODUCT. ALL EXPRESS AND/OR

IMPLIED WARRANTIES, GUARANTIES AND/OR REPRESENTATIONS BY ALLTRADE

AND/OR ITS REPRESENTATIVE(S) REGARDING THE DESIGN, MANUFACTURE,

PURCHASE, USE AND/OR OPERATION OF THE PRODUCT OR ANY COMPONENT

THEREOF SOLD HEREUNDER, REGARDLESS OF WHETHER ANY SUCH WARRANTY,

GUARANTY AND/OR REPR ESENTATION, WRITTEN OR ORAL, ARI SES BY

OPERATION OF LAW AND/OR EQUITY AND/OR BY ANY ACT OR OMISSION OF

ALLTRADE AND/OR ITS REPRESENTATIVE(S), OR THE PURCHASER, INCLUDING

BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY

EXCLUDED AND DISCLAIMED BY ALLTRADE AND/OR ITS REPRESENTATIVES.

PURCHASER KNO WINGLY AND WILLINGLY WAIVES ANY AND ALL SUCH

WARRANTIES AND RIGHTS, CLAIMS AND/OR CAUSES OF ACTION ARISING

THEREFROM OR BASED THEREON. PURCHASER’S SO LE 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

REPRESENTATIVE(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

found to be defective and subject to warranty. Alltrade retains the sole discretion

to determine whether any item or part is nonconforming and, if so, whether the

item and/or part will be repaired and/or replaced. If the unit is repaired, new or

reconditioned replacement parts may be used. If Alltrade chooses to replace

the product, it may replace it with a new or reconditioned one of the same or

comparable design. The repaired or replaced unit will be warranted under the terms

of the remainder of the warranty period. Typically, a defective product that is

returned within the first 30 days after the purchase date will be replaced; for items

returned after the first 30 days and within the warranty period, covered defective

parts not subject to normal wear and tear or other exclusions will be repaired or

replaced, at Alltrade’s option. During the warranty period, Alltrade will be responsi-

ble for the return shipping charges. Alltrade’s repair and/or replacement of any non-

conforming item and/or part thereof shall constitute fulfillment of a ll

obligations to the purchaser. Alltrade shall not be responsible or liable for any

expense, including freight charges, or repairs made outside Alltrade’s facility, 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, inconvenience,

commercial loss or consequential damages.

Exclusions

This warranty does not cover parts damaged due to normal wear, abnormal

conditions, misapplication, misuse, abuse, accidents, operation at other than

recommended 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.

This limited warranty does not apply to accessor y items such as drill bits,

screwdriving bits, circular saw blades, jigsaw blades, grinding wheels, sanding

sheets and other related items.

DAMAGE TO THE PRODUCT RESULTING FROM TAMPERING, ACCIDENT, ABUSE,

NEGLIGENCE, FAILURE TO FOLLOW INSTRUCTIONS, UNAUTHORIZED REPAIRS

OR ALTERATIONS, DAMAGE WHILE IN TRANSIT TO OUR SERVICE FACILITY,

USE OF UNAPPROVED OR IMPROPER ATTACHMENTS OR ACCESSORIES,

COMMERCIAL AND RENTAL APPLICATIONS OR OTHER CAUSES UNRELATED TO

PROBLEMS WITH MATERIAL OR WORKMANSHIP ARE NOT COVERED BY THIS

WARRANTY.

Alltrade will not be liable for the following: labor charges, loss or damage resulting

from improper operation, mainten ance or repairs made by other perso ns;

pre-delivery s ervices such as assembly, oil or lubricant s, and adjustment;

maintenance services that are normally required to maintain the product.

The use of other than genuine Alltrade Repair Parts will void warranty.