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All
products sold by GP/Delavan AgSpray are warranted only to purchases from
GP/Delavan AgSpray for resale or for use in purchasers' own business or
original equipment manufacture, against defects in workmanship or
materials under normal use, maintenance and service (rental use
excluded). If notice of said defect is received by GP/Delavan AgSpray at
the factory within 90 days after installation or one year from date of
shipment from the factory, whichever first occurs. The sole and
exclusive obligation of GP/Delavan AgSpray under this or any implied
warranty shall be to replace or, at its option, to repair, without
charge, any product which is determined by GP/Delavan to be defective in
workmanship or materials after the product is returned to the GP/Delavan
AgSpray factory, shipping costs prepaid. In no event shall GP/Delavan
AgSpray be liable to any person for indirect or consequential damages or
for injury or commercial loss resulting from any use or inability to use
any GP/Delavan AgSpray product. GP/DELAVAN AGSPRAY EXPRESSLY NEGATES ANY OTHER
WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM ANY COURSE OF
DEALING OR CUSTOM OR USAGE OF TRADE. No person, including any dealer or
representative of GP/Delavan AgSpray, is authorized to make any
representation or warranty on behalf of GP/Delavan AgSpray in addition to
or inconsistent with these provisions. Purchasers to whom these
provisions apply agree to hold GP/Delavan AgSpray harmless from claims by
their customers in excess of the obligations of GP/Delavan AgSpray
expressly set for herein. |
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