(1) What is covered by this Warranty. KENDIESEL INC. (“KENDIESEL”) warrants, to the original purchaser only, that the product(s) that are the subject of this sale are free from defects in material or workmanship. The duration of this warranty is 90 days from date of purchase. If the purchaser discovers within this period a defect in material or workmanship, it must promptly notify KENDIESEL in writing and return the product f.o.b. KENDIESEL’s plant. In no event shall such notification and/or product be received by KENDIESEL later than 140 days from the date of purchase. If KENDIESEL determines that its warranty has been breached, KENDIESEL shall, at its option, either replace the product or refund the purchase price after charging, in either event, for the service rendered by the defective product. These remedies are the purchaser’s exclusive remedies for breach of warranty.
(2) What is Not Covered by this Warranty. KENDIESEL does not warrant (a) any product not provided to the purchaser by KENDIESEL (b) defects caused by failure to properly install or failure to provide a suitable installation environment for the product (c) damage caused by use of the product in an application for which it was not intended or (d) any other abuse or misuse by the purchaser.
(3) Warranty of Title. In addition to the warranties set forth in the previous paragraphs, KENDIESEL warrants that it has good title to the product free of any encumbrance. Please take notice that KENDIESEL’s use of the same part number used by another company does not imply that the part is from that company. KENDIESEL procures its parts and assemblies from more than one source and as such it does not warrant that a part or assembly is a product of any one company, whose name or part number may appear on its price list, invoice, or the product itself.
(4) Disclaimer of Warranty. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(5) Limitation of Remedies. In no case shall KENDIESEL be liable for any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict tort, 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, downtime, the claims of third parties including customers, and injury to property. This limitation does not apply to damages caused by breach of warranty of title under paragraph (3), nor to claims for personal injury. Some States do not allow limits on warranties, or on remedies for breach in certain transactions. In such states, the limits in this paragraph and in paragraph (4) may not apply.
(6) Time Limit and Place for Bringing Suit. Any action for breach of warranty must be commenced in a court located in Middlesex County , New Jersey within 6 months following purchase of the goods.
(7) No Other Warranties. Unless modified in writing signed by both parties, this agreement is understood to be the complete and exclusive agreement between the parties, superseding all prior agreement, oral or written, and all other communications between the parties relating to the subject matter of this agreement.
(8) Al location of Risks. This agreement allocates the risks of product failure between KENDIESEL and the Purchaser. This allocation is recognized by both parties and is reflected in the price of the goods. THE PURCHASER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND IS BOUND BY ITS TERMS. Additional copies of the warranty suitable for display to your customers can be obtained without charge by contacting KENDIESEL INC. You are expressly prohibited from misrepresenting KENDIESEL products as products provided to you by any other person or company. Customers not satisfied with any parts may return them, within ten days of receipt, to KENDIESEL INC. provided that it is accompanied by the Invoice of sale, a brief written description of the reason for return and that it is in precisely the same condition that it was shipped. Failure by KENDIESEL INC. to enforce any part of its warranty or policies shall in no event be construed as a waiver of any kind of KENDIESEL INC. ‘s rights. Al l orders received will be shipped freight and handling extra. OMISSIONS AND ERRORS ARE EXCEPTED. PRICES SUBJECT TO CHANGE WITHOUT NOTICE. . PLEASE CALL FOR MOST CURRENT PRICES!!!
CORE POLICY: Cores to be considered for acceptance must be in the following conditions:
1. As-off running engine
2. Not disassembled
3. Not locked up
4. Not involved in fire
5. Like for like
6. Return freight prepaid to KENDIESEL
7. Drained of oil
Original part numbers shown are for reference purposes only. We do not imply that these items are the products of the original equipment manufacturer.