LIMITED WARRANTY AND EXCLUSIVE REMEDIES
The goods delivered hereunder are subject to the terms of American Changer Corporation’s (Seller or Seller’s) Limited Warranty provided with the deliverable, or if there is no such warranty, the terms set forth herein. In the event of any inconsistency between the written warranty provided with deliverable, and the description of the warranty set forth herein, the written warranty shall govern.
Seller warrants that its new products and parts are free from defects in material or workmanship in normal use for one year from the date of shipment by Seller. In addition, this warranty will be extended for a second year for Bill Validators. Refurbished parts carry a six-month warranty from date of shipment by Seller.
Seller will furnish without charge, F.O.B. Fort Lauderdale, repair or replacement of any defective part qualifying for repair and/or replacement under the terms of its warranty, within one year of the date of delivery. Any transportation, diagnosis calls, or similar expenses are not included. The warranty for any replacement part will only apply to the remainder of the warranty period.
This warranty may not be changed or modified without the consent of an Executive Officer of Seller.
To make a claim under this warranty, Buyer must call Seller’s Service Department and provide the model number and serial number of the goods. If the goods were purchased from a reseller, Buyer must provide the name, address and telephone number of the reseller. Seller reserves the right to request proof that the reseller purchased the goods from the Seller.
Seller’s Limited Warranty does not cover damage caused by: (I) shipping or physical abuse; (II), misapplication or misuse including improper installation, startup, storage, or failure to comply with any instructions for use set forth in the owner’s manual supplied with the goods, or use, storage or operation of the goods in a manner that fails to comply with all applicable laws, rules and regulations, including, without limitation, any local labeling requirements or labeling required under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as “Proposition 65”) and its implementing regulations; (III) failure to perform necessary maintenance and cleaning in accordance with the owner’s manual provided with the goods or comply with all applicable law or regulation, all applicable labeling requirements (IV) power surges, improper electrical supply and/or lightning strike; (V) operation, use or storage of goods in weather or outdoor conditions which do not comply with the guidelines set forth in the owner’s manual supplied with the goods; and (VI) fires, floods, or other casualty or Acts of God outside of Seller’s control.
This warranty is void if: (I) repairs and/or replacement are performed by anyone other than Seller or a qualified repair technician; (II) the goods were purchased in a used condition or not in the original packaging; (III) the goods have any defects or damage due to any alterations, or damage caused by improper electrical supply, shipping and handling, fire, flood, misuse, vandalism, or any other condition or event outside of Seller’s control, or the goods are used , stored or operated in a manner that fails to comply with any applicable law, rule, or regulation, including, without limitation any local labeling requirements or labeling required under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as “Proposition 65”) and its implementing regulations; (IV) the failure to clean and maintain the product in accordance with the owner’s manual supplied with the goods or comply with all applicable law and regulations and any applicable labeling requirements; (V) the goods are operated, used, or stored in weather or outdoor conditions which do not comply with the guidelines set forth in the owner’s manual.
The owner is responsible for: (I) using the goods supplied by the Seller in accordance with the installation, startup, use, storage, inspection, and service requirements, and all other instructions set forth in the owner’s manual supplied with the goods; (II) providing normal cleaning and maintenance in accordance with the owner’s manual supplied with the goods; (III) operating, using, and storing the goods in accordance with the owner’s manual supplied with the goods and in compliance with all applicable laws, rules, or regulations, including any local labeling requirements or labeling required under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as “Proposition 65”) and its implementing regulations; (IV) contacting American Changer during the warranty period to obtain a Return Material Authorization to make a claim under this warranty; (V) providing proof of purchase if requested, and if the goods were purchased from a reseller, the name, address, and telephone number of the reseller; (VI) providing any other information American Changer may reasonably request to confirm that the goods are eligible for repair/replacement under this warranty; (VII) paying for any repairs or replacement of parts outside the scope of this warranty; (VIII) paying any shipping costs.
ENTIRE WARRANTY
THIS WARRANTY CONSTITUTES THE EXCLUSIVE REMEDY OF THE PURCHASER AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY LAW.
SELLER EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OUT OF THE THEFT, MISAPPROPRIATION, OR MISUSE OF ANY PERSONAL FINANCIAL INFORMATION OF AN END USER OF THE GOODS, INCLUDING, BUT NOT LIMITED TO, CREDIT CARD AND/OR DEBIT CARD NUMBERS, PERSONAL IDENTIFICATION NUMBERS, PERSONAL PASSWORDS OR PASSCODES, OR OTHER SIMILAR PERSONAL INFORMATION OF THE USER OF THE GOODS.
IN NO EVENT SHALL AMERICAN CHANGER BE LIABLE TO BUYER UNDER THIS WARRANTY FOR AN AMOUNT WHICH EXCEEDS THE PURCHASE PRICE OF THE GOODS.
IN NO EVENT SHALL AMERICAN CHANGER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR FOR DAMAGES ARISING OUT OF BUYER’S INSTALLATION, OPERATION OR STOREAGE OF THE GOODS IN A MANNER THAT FAILS TO COMPLY WITH ANY APPLICABLE LAW, RULE, OR REGULATION, INCLUDING ANY LABELING LAW, RULE OR REGULATION INCLUDING, WITHOUT LIMITATION, CALIFORNIA’S SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (ALSO KNOWN AS “PROPOSITION 65”) AND ITS IMPLEMENTING REGULATIONS.
SELLER EXPRESSLY DISCLAIMS ALL GUARANTEES AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR USEFUL LIFE.
LIMITATIONS OF DAMAGES – Seller’s liability for any loss or damage arising out of, or resulting from, any breach or default by Seller in connection with the sale of goods hereunder, shall not exceed the purchase price thereof, regardless of whether such liability arises in contract, tort (including, without limitation, negligence or strict liability) or otherwise, and in no event shall Seller be liable for incidental or consequential damages of any kind or for lost profits.
Buyer is solely responsible for installing, storing, operating and maintaining the goods delivered hereunder in compliance with all applicable laws, rules and regulations, and any local labeling requirements or labeling required under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as “Proposition 65”) and its implementing regulations. In no event shall Seller be liable for Buyer’s failure to install, store, operate or maintain the goods in compliance with any applicable law, rule or regulation.
