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Equipment Warranty14
15
Loctite expressly warrants that all products referred to in this Instruction Manual under Loctite
Series 9000 Rotospray Pump 983330 (hereafter called “Products”) shall be free from defects in
materials and workmanship. Liability for Loctite shall be limited, at its option, to replacing those
Products which are shown to be defective either in materials or workmanship or to credit to the
purchaser the amount of the purchase price thereof (plus freight and insurance charges paid
therefor by the user). The purchaser’s sole and exclusive remedy for breach of warranty shall be
such replacement or credit.
A claim of defect in materials or workmanship in any Products shall be allowed only when it is
submitted to Loctite in writing within one month after discovery of the defect or after the time the
defect should have reasonably have been discovered and in any event, within twelve months
after the delivery of the Products to the purchaser. No such claim shall be allowed in respect of
Products which have been neglected or improperly stored, transported, handled, installed,
connected, operated, used or maintained or in the event of unauthorized modification of the
Products including; where products, parts or attachments for use in connection with the
Products are available from Loctite, the use of products, parts or attachments which are not
manufactured by Loctite.
No Products shall be returned to Loctite for any reason without prior written approval from
Loctite, Products shall be returned freight prepaid in accordance with instructions from Loctite.
NO WARRANTY IS EXTENDED TO ANY EQUIPMENT THAT HAS BEEN ALTERED,
MISUSED, NEGLECTED, OR DAMAGED BY ACCIDENT, OR IF THE SYSTEM IS USED TO
DISPENSE ANY LIQUID MATERIAL OTHER THAN LOCTITE CORPORATION PRODUCTS.
EXCEPT FOR THE EXPRESS WARRANTY CONTAINED IN THIS SECTION, LOCTITE
MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH
RESPECT TO THE PRODUCTS.
ALL WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
OTHER WARRANTIES OF WHATEVER KIND (INCLUDING AGAINST PATENT OR
TRADEMARK INFRINGEMENT) ARE HEREBY DISCLAIMED BY LOCTITE AND WAIVED BY
THE PURCHASER.
THIS SECTION SETS FORTH EXCLUSIVELY ALL OF LOCTITE LIABILITY TO THE
PURCHASER IN CONTRACT, IN TORT OR OTHERWISE IN THE EVENT OF DEFECTIVE
PRODUCTS.
WITHOUT LIMITATION OF THE FOREGOING, TO THE FULLEST EXTENT POSSIBLE
UNDER APPLICABLE LAWS, LOCTITE EXPRESSLY DISCLAIMS ANY LIABILITY
WHATSOEVER FOR ANY DAMAGES INCURRED DIRECTLY OR INDIRECTLY IN
CONNECTION WITH THE SALE OF USE OF, OR OTHERWISE IN CONNECTION WITH, THE
PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS AND SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER CAUSED BY LOCTITE
NEGLIGENCE OR OTHERWISE