Kawasaki 840844 instruction manual Limitation Of Liability

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 accessory 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, maintenance or repairs made by other persons; pre-delivery services such as assembly, oil or lubricants, and adjustment; maintenance services that are normally required to maintain the product.

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

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 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 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 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 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 REPRESENTATIVE(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 PRODUCT. ANY AND ALL LIABILITY CONNECTED WITH THE USE OF THIS PRODUCT SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIODS SPECIFIED 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 consequential 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 toll free at 1-800-590-3723 for general repair information and charges.

17 18