Micro-Trak Systems, Inc. (herein “Seller”) warrants to the original purchaser (herein “Buyer”) that, if any product or part of the product (herein “Parts”) proves to be defective in material or workmanship, upon inspection and examination by Seller, within three (3) years from the original date-of-purchase, and is returned to Seller with dated proof-of-purchase, transportation prepaid, within sixty (60) days after such defect is discovered, Seller will, at their option and sole discretion, either repair or replace said part, except that the warranty for expendable Parts, including but not limited to, light bulbs, batteries, hose and tubing, nuts, bolts, screws and other fasteners shall be thirty (30) days from the original date-of-purchase; and except that the warranty for Parts manufactured by someone other than the Seller, including but not limited to, shut-off valves, control (servo) valves, flowmeters, pressure sensors and regulators, pumps, motors, compressors, tanks and tank accessories, DGPS receivers and related repeater and base stations shall be one (1) year from the original date-of-purchase; and except that the warranty for Parts manufactured by someone other than the Seller, including but not limited to, memory cards and drives, mapping software, terminals, PC’s, laptops, tablets and other computer devices shall be thirty (30) days from the original date-of-purchase. Any damage or failure to said part resulting from abuse, misuse, neglect, accidental or improper installation or maintenance, unauthorized modification, use with other parts and/or products, or attributable to acts of God, as determined solely by the Seller, will invalidate the warranty. Said part will not be considered defective if it substantially fulfills the performance specification. Buyer shall be responsible for all maintenance services, if any, all in strict accordance with the procedures outlined in the manual. The warranty does not include labor, installation, replacement parts or repairs, delivery of replacement parts or repairs or time and travel. Said warranty is non-transferable.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED. The Seller’s liability, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed the return of the amount of the purchase price paid by the Buyer, and under no circumstances shall the Seller be liable for special, indirect, consequential, incidental or punitive damages. Seller neither assumes nor authorizes anyone to assume for it any other obligation or liability in connection with said part. No action, regardless of form, arising out of the transactions under this agreement may be brought more than one (1) year after the cause of action has occurred.
Buyer accepts these warranty terms and limitations unless the part is returned to Seller, via proper distribution channels and approved return authorization, with dated proof-of-purchase, transportation prepaid, within sixty (60) days from the date-of-purchase for refund of the purchase price.
Doc: MTS Warranty Statement 080120