1. Limited Warranty.
King Kutter II, Inc. (“King Kutter II”), 2150 Eastern Ave. Gallipolis, Ohio 45631, warrants to the original retail purchaser (“Purchaser”) that the product that is the subject of this sale is free from defects in material and workmanship at the time of sale.
Under this warranty, King Kutter II will repair the defective product free of charge to the Purchaser, with either new or used and reconditioned replacement parts. All warranty service will be performed at service centers designated by King Kutter II. If King Kutter II is unable to repair the product to conform to the warranty after a reasonable number of attempts, King Kutter II will provide, at its option, one of the following: (a) a replacement for the product or, (b) a full refund of the purchase price. Repair, replacement, or refunds are the Purchaser’s EXCLUSIVE remedies against King Kutter II under this limited warranty. King Kutter II will not be liable for any special, incidental or consequential damages based upon breach of warranty, breach of contract, negligence, strict tort liability, or any other legal theory. Such damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of use of the product or any associated equipment, cost of capital, cost of any substitute equipment, facilities or services, down time, the claims of third parties including customers, and injury to property. These limitations also apply, to the extent allowed by law, to personal injury.
The purchaser must notify the Seller in writing of any defect in material or workmanship within one (1) year following the date of purchase. If the equipment is used for commercial purposes, the Purchaser must notify the Seller in writing of any defect in material or workmanship within ninety (90) days following the date of purchase. In no event will King Kutter
IIbe liable under this warranty unless written notice is received by the Seller within one (1) year from the date of original retail sale.
2. Warranty of Title.
King Kutter II warrants that it transfers a good title to the product free of any encumbrances, and free of the rightful claim of any third party for infringement of patent or copyright.
3. What is Not Covered by This Limited Warranty.
King Kutter II will not be responsible for damage to or failure in the product which results from accident, misuse, abuse, neglect, installation of attachments not provided by King Kutter II, modifications to the product, or damage caused by use of the product for purposes other than those for which it was designed.
4. No Other Warranties.
Unless modified in writing and signed by both parties, this agreement is understood to be the complete and exclusive agreement and warranty between King Kutter II and Purchaser, superseding all prior agreements, oral and written, and all other communication between King Kutter II and Purchaser related to the subject matter of this agreement.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITYAND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. No employee of King Kutter II nor anyone else is authorized to make any warranty or representation in addition to or different from those made in this agreement.
5. Allocation of Risk.
This agreement allocates the risk of product failure between King Kutter II and the Purchaser. This Allocation is recognized by both parties as reflected in the price of the goods. The Purchaser acknowledges that he or she has read this agreement, understands it, and is bound by its terms.
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