| Limited Warranty
Direct Dimension, Inc. (“Seller”) warrants its Revolver™ upper coupler and all its components against defects in workmanship and materials under normal conditions, except for wear of the kingpin, for ten (10) years from the date of delivery. This warranty extends to the purchaser for resale and to the owner of the vehicle on which the Revolver™ upper coupler is installed (“Buyer”).
Not covered by this warranty are: (1) kingpin wear; (2) any damage, failure or loss caused by corrosion, accident, misuse, neglect, or abuse; (3) damages or defects caused by alterations, changes or repairs by someone other than Direct Dimension, Inc. or approved Direct Dimension representatives; or (4) failure to follow installation, operation and maintenance instructions and warnings.
THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS.
Seller shall not be liable for incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling or use of the Revolver™ upper coupler, or from any other cause relating thereto. Seller’s liability hereunder in any case is expressly limited, at Seller’s election, to repair or replacement (in the form originally shipped) of a Revolver™ upper coupler or any of its components which does not comply with this warranty, or to the repayment of, or crediting the Buyer in possession of the Revolver™ upper coupler with, an amount equal to the purchase price of such Revolver™ upper coupler or any of its components, whether such claims are for breach of warranty or negligence.
Any claim by Buyer with reference to the Revolver™ upper coupler or its components sold hereunder for any cause shall be deemed waived by Buyer unless submitted to Seller in writing within thirty (30) days from the date Buyer discovered, or should have discovered, any claimed breach.
Effective February 1, 2000
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