Warranty
Messier-Bugatti-Tracer, LLC, hereinafter referred to as “MBT”, warrants that:
1) The products will be free from defects in material and workmanship for an assigned period. Unless otherwise stated on the quotation and invoice, that period shall be:
OVERHAULED PRODUCTS: 270 days or 400 cycles, whichever occurs first
SERVICEABLE PRODUCTS: 180 days or 200 cycles, whichever occurs first
NEW PRODUCTS: 90 days or 100 cycles, whichever occurs first
2) Written notice of any claimed defect comprising the warranty claim must be received by MBT within the warranty period.
3) MBT’s liability under this warranty is limited to either replacing or repairing, at MBT’s election, any product confirmed to be eligible for warranty consideration.
4) MBT will not be liable for inbound or outbound freight or insurance expense for any product returned for warranty consideration unless MBT expressly waives this provision in writing.
5) Inspection and repair expense for any product not found defective or not found eligible for warranty consideration will be billed to the customer. MBT shall notify the customer in writing of its determination as to whether or not the returned product is accepted for warranty coverage
6) This warranty does not extend to:
a) Any product that has been subject to abuse, accident or improper handling, installation, maintenance or application
b) Any product which has been repaired or altered without our written permission.
c) Any expense incurred in the removal or installation of the repaired or replaced product
d) Normal wear exhibited from routine operations
DISCLAIMER OF WARRANTIES. THE WARRANTIES CONTAINED IN PARAGRAPH 1 ARE THE EXCLUSIVE WARRANTIES GIVEN BY MBT AND SUPERSEDE ANY PRIOR, CONTRARY OR ADDITIONAL REPRESENTATIONS, WHETHER ORAL OR WRITTEN. MBT HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES – WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. IN NO EVENT SHALL MBT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NON-DELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM MBT’S OWN NEGLIGENCE OR OTHER TORT. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY.
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