Equipment warranty and Limited Remedy:
The following warranty is made in lieu of all other warranties, expressed or implied, including but not limited to, the implied warranty of merchantibility, the implied warranty of fitness for a particular purpose and any implied warranty arising out of dealing, a customer or a usage of trade: MYPRO warrants that its QuiP taping brand dispensers will be free from defects for ninety (90) days after delivery. If any part is proved to be defective within the warranty period, then the exclusive remedy and MYPRO’s and seller’s sole obligation shall be, at MYPRO’s option, to repair or replace the part, provided the defective part is returned immediately to MYPRO’s factory or an authorized service station designated by MYPRO. A part will be presumed to have become defective after the warranty period unless MYPRO is notified of the problem no later than five (5) calendar days after the warranty period. If MYPRO is unable to repair or replace the part within a reasonable time, then MYPRO, at its option, will replace the dispenser.
Limitation of liability: MYPRO and seller shall not be liable for direct, indirect, special, incidental or consequential damages based upon breach of warranty, breach of contract, negligence, strictly liability or any other legal theory.
The foregoing Equipment Warranty and Limited Remedy and Limitation of Liability may be changed only by a written agreement signed by an authorized officer of MYPRO and seller.
