All Essmueller equipment is of high quality and is manufactured in conformity with the best commercial practices in the various lines. Essmueller warrants all equipment manufactured by it to be free from defects in material and manufacture at the time of shipment for a period of one (1) year from the date of shipment. During the warranty period Essmueller’s obligation shall be limited to replacement, and not installation, of parts it determines to be defective. Unless otherwise stated in quotation, this warranty is based on operation of the equipment for a period not exceeding eight (8) hours per day. No equipment shall be returned to Essmueller for repair under warranty without obtaining prior permission from Essmueller, and if the repair is covered by the warranty, Essmueller will pay the shipping charges, otherwise, the Purchaser shall be liable for the shipping charges.
This warranty shall not apply to any equipment which has been subjected to misuse, neglect or accident, or has been altered or tampered with, or if corrective or repair work has been done thereon without Essmueller’s specific written consent. No allowances will be made for such corrective or repair work done without such consent. Improper lubrication, deterioration by chemical action, and wear caused by the presence of abrasive materials, do not constitute defects. Equipment manufactured by others, and included in Essmueller’s proposal, is not warranted in any way by us but carries only the manufacturer’s warranty, if any. All warranty claims must be submitted in writing.
The warranties set forth herein are in lieu of any and all other warranties expressed or implied including the warranties of merchantability and fitness for a particular use. essmueller disclaims all other warranties expressed or implied, including without limitation implied warranties of merchantability and fitness for a particular use.
Except for the obligations set forth in this warranty, Essmueller shall not be liable for any direct, indirect, special, incidental, or consequential damages including without limitations any liability for loss of use, revenue, income, increased cost of operation, loss of profits, or damage to, loss or destruction of property.