During the first year from the date of shipment DYNAMIC MOTOR CONTROLS, Inc. (DMC Inc.) warrants its equipment to be free from defects in material and workmanship under normal use, service and maintenance. The obligation of DMC Inc. under this warranty is limited to repair or replacement of components, as DMC Inc. deems appropriate, FOB Factory, St Augustine, Florida.
This warranty does not extend to or cover:
1. Any defect due to the negligence of others; failure to install, operate or maintain the equipment properly; alteration; use of unauthorized or non-standardized parts, acts of God or other natural disasters, vandalism, electrical malfunctions (i.e., resulting from power surges, shorted or overloaded circuits, etc.), use of any power source other than what original equipment was intended for.
2. Faulty repair efforts.
3. Expendable items such as light bulbs and fuses.
4. Damage to its equipment through attempts to operate the equipment beyond its rated capacity, intentional or otherwise.
5. Freight damage.
DMC Inc. maximum liability under this warranty shall never exceed the cost of the subject equipment and reserves the right at its discretion, to refund the purchase price in lieu of repair or replacement.
DMC Inc. shall in no case be liable under this warranty for any consequential damages to include but not limited to loss of time, inconvenience, loss of profit, labor charges, or other incidental or consequential damages with respect to persons, business, or property.
DMC Inc. expressly disclaims and excludes all other warranties, expressed or implied, including, but not limited to any and/or all implied warranties of merchantability or fitness for a particular use or purpose with respect to the goods sold.
DMC Inc. neither assumes nor authorizes any person or company to assume on its behalf any other warranties or liabilities in connection with DMC Inc.’s equipment.
This warranty can be modified only by an officer of Dynamic Motor Controls, Inc. and then only by a written, signed statement specifically describing the modification.