WARRANTY STATEMENT
COFFEY MFG., LLC
WARRANTY
A.
Coffey Mfg., LLC guarantees and warrants to the original PURCHASER only hereunder,
all fabrication and workmanship actually performed by COFFEY for a period of (90)
Ninety days after delivery hereunder, provided, however (i) the fabrication and/or
workmanship has not been subjected to conditions more severe than for intended use, and
(ii) PURCHASER notifies COFFEY in writing of such defects within such warranty
period. The sole obligation of COFFEY and the sole remedy of the PURCHASER under
this warranty shall be limited to the repair or exchange, at the sole option of COFFEY, of
any part or parts (shipped F.O.B. Bakersfield, California) which prove defective upon
examination by COFFEY.
B.
Notwithstanding anything in this Agreement, expressed or implied, to the contrary, it is
specifically agreed and understood, and PURCHASER hereby specifically acknowledges,
that COFFEY shall not be responsible or liable for any defects in, or failure of
performance by, equipment and/or materials supplied or owned by PURCHASER, or
purchased by COFFEY from or furnished by, vendors, suppliers, manufacturers, and
other third parties.
C.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, EXPRESSED OR
IMPLIED, TO THE CONTRARY, IT IS EXPRESSLY AGREED AND
UNDERSTOOD (i) THAT COFFEY MAKES NO GUARANTEES OR WARRANTIES
OF ANY NATURE EXCEPT AS STATED IN THIS PARAGRAPH. (ii) THAT THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE HEREBY EXCLUDED AND NEGATED, (iii) THAT
COFFEY’S LIABILITY IS EXPRESSLY LIMITED, AND PURCHASER’S SOLE
AND EXCLUSIVE REMEDIES ARE, AS STATED IN THIS AGREEMENT, THAT
THIS WARRANTY SHALL NOT APPLY (a) TO NORMAL MAINTENANCE AND
ADJUSTMENT OF, GEAR BELTS, LINK BELTS, V-BELTS, DRIVE CHAINS,
HYDRAULIC PUMPS, HYDRAULIC MOTORS, ELECTRICAL MOTORS,
GASOLINE/DIESEL ENGINES, HYDRAULIC FLUID LEVELS,CONTROLS,
HYDRAULIC/PNEUMATICVALVES, ELECTRICAL FUSES, ELECTRICAL BULBS
AND SWITCHES, SEALS AND PACKING MATERIALS, OR ANY OTHER
EXPENDABLE MATERIAL, OR (b) IF THIS EQUIPMENT OR ANY PART
THEROF, HAS BEEN SUBJECTED TO ACCIDENT, NEGLIGENCE,
INCOMPETENCE, ALTERATION, MODIFICATION, ABUSE OR MISUSE AND (iv)
THAT COFFEY SHALL NEVER BE LIABLE FOR INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT
LIMITATION, LOSS OF PRODUCT, LOSS OF OPERATING SUPPLIES, OR LOSS
OF REVENUES , PROFITS OR INCOME.