ROADWOLF PARTS WARRANTY AND DISCLAIMERS OF WARRANTIES
RoadWolf Transportation Products, Inc. warrants all new parts for one year from
date of shipment to the Buyer against defective material or workmanship when
such parts are used on vehicles under normal and proper usage. This warranty
does not cover and RoadWolf Transportation Products, Inc. makes no warranty
with respect to (i) any merchandise that is abused, misused, misapplied,
neglected or altered; or that is improperly installed or maintained or used; or
that is subjected to abnormal conditions or use, temperature, moisture, dirt or
corrosive matter; and (ii) any merchandise, materials, parts or other
components supplied by someone other than RoadWolf Transportation Products,
Inc.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Buyer must provide RoadWolf Transportation Products, Inc. with written notice
of any breach of the warranty within 30 days after Buyer discovers, or should
have discovered, the alleged breach. Time is of the essence, and Buyer's
failure to provide such written notice to RoadWolf Transportation Products,
Inc. within this 30 day period will fully and completely release RoadWolf
Transportation Products, Inc. from any obligation or liability for that breach
of warranty. As the exclusive remedy under this warranty, RoadWolf
Transportation Products, Inc. will, at its option, repair or replace such parts
free of charge, or take back the nonconforming parts and refund the monies paid
by buyer for such parts, if found on examination by RoadWolf Transportation
Products, Inc. to be nonconforming and if any necessary return charges are
prepaid. Any action commenced against RoadWolf Transportation Products, Inc.
with respect to this warranty must be commenced with 1 year after the alleged
cause of action arises.
IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY NATURE OR KIND, NOR UNDER ANY CIRCUMSTANCES WILL ROADWOLF TRANSPORTATION
PRODUCTS, INC. BE LIABLE FOR DAMAGES BEYOND THE PRICE OF THE DEFECTIVE PARTS,
WHETHER IN CONTRACT, IN TORT, OR UNDER ANYWARRANTY OR OTHER USE.
If it is necessary to return any parts under this warranty, buyer agrees not to
make any deduction on account thereof from remittances on current accounts
while claims are in the process of disposition. Any expense incurred without
the consent of RoadWolf Transportation Products, Inc. for repairs or
replacement will not be allowed.
No employee, agent, or representative of RoadWolf Transportation Products, Inc.
is authorized to make any additional warranty or offer any additional remedy,
or to alter or vary the terms of the warranty or any disclaimers of warranties
or limitations of liability contained herein.
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