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Warranty
| SPX SERVICE SOLUTIONS LIMITED WARRANTY |
| OTC LIFETIME MARATHON WARRANTY |
THIS WARRANTY IS EXPRESSLY LIMITED TO
ORIGINAL RETAIL BUYERS OF SPX’S OTC BRANDED PRODUCTS OR PARTS (“OTC PRODUCTS”).
THIS WARRANTY IS NOT ASSIGNABLE OR TRANSFERRABLE. 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, OTC Products are warranted
against defects in materials and workmanship for the life of the OTC Product,
meaning that point in time when the OTC 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 OTC 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 OTC 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 OTC 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 OTC 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/OTC’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 OTC Product
software except that, instead of warranting against defects in materials and
workmanship, SPX warrants that OTC Product software, when properly installed,
will execute its programmed instructions. SPX does not warrant that software
will operate uninterrupted or error-free. OTC Product software is proprietary,
confidential information protected under copyright law. Users have no right in
or title to OTC Product software other than a limited right of use revocable by
SPX. OTC Product software may not be transferred or disclosed without the
written consent of SPX and may not be copied except in ordinary backup
procedures. |
REPAIR
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Should your OTC Product require repair
service, return it freight prepaid to an OTC authorized service center, and
provide proof of purchase. If the OTC Product is covered by warranty, SPX will
return the repaired OTC Product or a replacement ground freight prepaid. If the
OTC 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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