Dynex Product Warranty
Dynex/Rivett Inc. (Seller) warrants the products herein described so far as the same are of Seller’s own manufacture, against material defect and workmanship under normal use and service, for a period of two years from the date of shipment. This warranty does not cover defects due to ordinary wear and tear, abuse, misuse, overloading, altered products, improper mounting, use of improper fluid or use of materials not of Seller’s manufacture.
This sale is made on the express understanding that there are no express warranties other than those contained in this agreement, and that there are no implied warranties that the goods shall be merchantable nor are there any warranties which extend beyond the description on the face hereof.
There are no representations as to the capacity or performance of the products sold hereunder except as set forth in the quotation specifications, if any, and such representations are expressly conditioned upon the correctness of the data furnished by purchaser and upon the products being properly installed and maintained and operated at normal conditions with competent supervision.
Seller’s sole obligation under this warranty shall be to, upon prompt written notice by Buyer of any defect or defects and inspection, if required, by Seller, repair or replace F.O.B. Seller’s plant or, at Seller’s option, allow credit for any defective part or parts expressly warranted herein against defects by Seller. It is expressly agreed that this remedy of repair, replacement or credit, at Seller’s option, is Buyer’s exclusive remedy under this contract.
On equipment furnished by Seller, but manufactured by others, the written warranty of the manufacturer, if any, is hereby assigned to Buyer. However, Seller does not adopt, and does not guarantee or represent that manufacturer will comply with, any of the terms of the warranty of such manufacturer.
Expenses incurred by Buyer in repairing or replacing any defective product will not be allowed except by written permission of Seller.
Seller in its manufacture and sale of these products will assume no liability as to possible infringement of patents by virtue of the use of said devices in combination with other elements or structures.
Products repaired for service or warranty replacement will be sent backto the customer with a warranty, as stated above valid for 90 days from time of shipment or original warranty, whichever is longer.