Except as expressly set forth in this paragraph, AGD Products, Inc (AGD) hereby excludes and disclaims any and all other warranties, where express or implied, including by way of illustration and no limitation, warranties of fitness for a particular purpose and merchantability with respect to the purchased equipment. The limited warranties contained herein shall be in lieu of any other warranty, whether express or implied, provided that in the event any item warranted hereunder is deemed to be a consumer product under the Magnuson Moss Warranty Act, or Federal Trade Commission Improvement Act, and in the event that the disclaimer of the implied warranty shall commence from and after the expiration of the expressed warranty set forth herein.
No representations, warranties, undertakings or promises other than those expressed herein, whether oral, implied, written or otherwise shall be considered a part of this transaction. Purchaser further acknowledges that the purchaser’s acceptance of seller’s disclaimer or warranties is an essential part of the agreement reached between the buyer and the seller and any subsequent communications between the buyers and sellers shall have no affect whatsoever on the disclaimer of this warranty.
AGD warrants the Dura-Shield Shaft Seal to be free from defects in material and workmanship at the time of shipment and for a period of three weeks after shipment to the original purchaser. AGD will repair or replace at AGD’s option, any product of AGD manufacture which is shown to AGD’s satisfaction to have been defective at the time it was shipped, provided the product claimed defective is made available for AGD’s inspection within ten days after the purchaser gains knowledge of the purported defect. Re-shipping method shall be at AGD’s option.
AGD shall not be responsible for the cost of disassembly of assembly at the job site if there is a claim made under this limited warranty. This warranty will terminate upon the earlier of: (1) damage or deterioration due to use or misuse, exposure, alteration, or negligence; (2) products that have been altered or repaired by others without AGD’s express written consent; or (3) equipment manufactured by others that the Dura-Shield seal was applied to that was either damaged or operating outside Dura-Shield shaft seal parameters.
AGD disclaims liability for any expenses, injury, loss or damage whether direct or consequential, including but not limited to loss of profits, production, increased costs of operation, spoilage of materials or any delay arising in connection with the use or inability to use the products for any purposes.