Cross-American Corporation warrants that any of its brand new manufactured/assembled products sold to a end user will be (i) built in accordance with the performance specifications and materials of construction referred to within Cross-American Corporations related technical documentation and (ii) free from defects in materials and workmanship. This Commercial Warranty (the “Warranty”) shall extend for a period of twelve (12) months from the date of manufacture, and is subject to the following terms and conditions: Cross-Americans obligation under this limited warranty shall be expressly limited to the repair or replacement, at Cross-Americans discretion, of any product which has failed to conform with this Limited Warranty,provided that purchaser gives written notice to Cross-American Corp of any defects in material or workmanship within the time limit stated above. Under either the repair or replacement options, Cross-American Corp shall not be obligated to (1) remove or pay for the removal of the defective product or (2) install or pay for the installation of the replaced or repaired product. Buyer shall be responsible for all other costs,including, but not limited to shipping fees (to and from), expenses and service costs.Cross-American Corp shall have no warranty obligations to purchaser with respect to any product,or parts of a product,that have been: (a)returned without a properly issued Returned Material Authorization (“RMA”) number, (b) returned in an un-assembled condition, (c)evaluated and/or repaired by a third party without Cross-Americans written approval,(d) subjected to misuse, misapplication, neglect, alteration, accident, or physical damage, (e) used in a manner contrary to Cross-Americans instructions for installation, operation and maintenance,(f) damaged from ordinary wear and tear,corrosion, or chemical attack, (g) damaged due to abnormal conditions, vibration, failure to properly prime, or extended operation without flow,(h) damaged due to a defective power supply (ex: cords,etc) or improper electrical protection, or (i) damaged from the use of accessory equipment neither sold by Cross-American Corp, or the freezing or over-heating of vacuum motors, in addition to water/debris entering motors causing failure . This Limited Warranty expressly excludes “wearing parts” such as , motors, motor brushes, internal pump components (valves/pistons), or other consumables. Any parts repaired or replaced under this Limited Warranty shall be warranted only for the balance of this Warranty. In any case of products not manufactured by Cross-American Corp, there shall be no warranty from directly, or implied. Cross-American Corp. shall have sole discretion as to the method or means of repair or replacement and will not be liable for any time delays or downtimes. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESSED OR IMPLIED WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE GOODS PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. EXCEPT AS OTHERWISE REQUIRED BY LAW, PURCHASERS EXCLUSIVE REMEDY AND CROSS-AMERICANS AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES ARE LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT AND SHALL,IN ALL CASES,BE LIMITED TO THE AMOUNT PAID BY THE PURCHASER FOR THE DEFECTIVE PRODUCT. IN NO EVENT SHALL CROSS-AMERICAN BE LIABLE FOR ANY OTHER FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION.
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