Mol Belting Systems, Inc.’s conveyor belting (i.e. industrial, ThermoDrive®, ThermoKing® as well as its power transmissions products (i.e. 24 volt DC motorized rollers and associated driver cards) as well as associates accessories additions and improvements, checkstand, treadmill, rubber, etc., accessories, additions and improvements, including, but not limited to flights, sidewall and splicing ("Product") are warranted by Mol Belting Systems, Inc., and its subsidiaries and affiliated companies, (collectively referred to herein as "Mol Belting Systems") to be free of defects in material and workmanship. Claims of such defects will only be allowed for up to one year after date of shipment of the Product on the condition that notice thereof is received in writing by Mol Belting Systems during that one-year time period.
- The EXPRESS WARRANTY contained herein is further limited as follows, so that such warranty obligations WILL NOT:
- Impose on Mol Belting Systems any liability for labor or material costs incurred in the repair or replacement of the Product when such repair, maintenance or replacement is not performed by or through Mol Belting Systems, its sales agents, or its certified belt installers.
- Extend to any Product:
- Due to the failure of, or any defect in, any system or device, or any component part thereof incorporated within the Product, which is not attributable solely and exclusively to such Product.
- Due to the failure of Purchaser to adhere to the instructions and guidelines set forth either verbally or in written form by Mol Belting Systems.
- Due to the failure of Purchaser, when choosing not to install the Product themselves, to have the Product properly installed by Mol Belting Systems or its authorized installers.
- Due to the failure of Purchaser to adhere to the verbal or written recommendations or instructions by Mol Belting Systems employees, its sales agents or its authorized installers, concerning proper cleaning and sanitation of the Product, including, but not limited to, the instruction to always apply cleaning/sanitizing agents within the temperature and concentration limits set forth by the manufacturer of the cleaning and sanitizing agents.
- Due to the failure of, or any defect in, any system or device, or any component part thereof incorporated within the Product, which is not attributable solely and exclusively to such Product.
- Preclude, limit or restrict the right of Mol Belting Systems to make charges against the Purchaser attendant to any warranty return or claim where Mol Belting Systems' inspection of the Product indicates that there is no defect in material or workmanship.
- Extend to any loss of, or damage to, any such Product during transportation of the Product.
- Extend to (and said warranty contained herein will automatically become void with respect to) any Product which is damaged as a result of tampering, misapplication, alteration, vandalism, use of unauthorized replacement parts, or any other cause other than as specifically set forth herein or any other written or oral instructions of Mol Belting Systems or third parties acting for Mol Belting Systems.
- Impose on Mol Belting Systems any liability for labor or material costs incurred in the repair or replacement of the Product when such repair, maintenance or replacement is not performed by or through Mol Belting Systems, its sales agents, or its certified belt installers.
- Mol Belting Systems reserves the right to make changes in the design of, and to make additions to and improvements in, its products, including the Product, without imposing any obligations upon Mol Belting Systems to make changes in the design of, or additions or improvements to, Mol Belting Systems' products or Products previously manufactured.
- In no event or circumstance will anyone other than the original Purchaser be considered to have any right, title or interest to assert any rights under this Express Warranty.
- Mol Belting Systems neither assumes nor authorizes any other person, natural or corporate, to grant any warranty or to assume for Mol Belting Systems any other obligations or liabilities whatsoever concerning the Product.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITIES
THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, STATUTORY, OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY MOL BELTING SYSTEMS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL OBLIGATIONS OR LIABILITIES ON THE PART OF MOL BELTING SYSTEMS FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, REPAIR, OR PERFORMANCE OF ANY PRODUCT. FURTHER, MOL BELTING SYSTEMS MAKES NO WARRANTIES AS TO PERFORMANCE, NOR AS TO EXPENDABLE OR WEARING PARTS, NOR AS TO ANY SEPARATELY LISTED ITEM OF THE PRODUCT WHICH IS NOT MANUFACTURED BY MOL BELTING SYSTEMS. THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY AND ALL WARRANTIES AND THE SOLE REMEDIES FOR MOL BELTING SYSTEMS' LIABILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY, WITH RESPECT TO ANY PRODUCT COVERED BY THIS WARRANTY SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT, SUCH REPAIR OR REPLACEMENT TO BE AT THE SOLE DISCRETION OF MOL BELTING SYSTEMS. IN NO EVENT SHALL MOL BELTING SYSTEMS' LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF MOL BELTING SYSTEMS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.