DUAL-TECH, INCORPORATED (“DUAL-TECH”) warrants to the original purchaser that each new DUAL-TECH Carrier shall be free from defects in material and workmanship for a period of Two (2) years from the date of purchase, and Two (2) years from the date of purchase on the subframe. The purchaser must promptly notify Dual-Tech in writing of any failure in material or workmanship. In no event shall such notification be received by Dual-Tech later than 25 months from the date of delivery.
The obligation under this warranty, statutory or otherwise is limited to the repair or replacement at our factory or at a point designated by us, of such part or parts as shall appear to us upon inspection to be defective in material or workmanship. New or remanufactured parts will be used for any replacement, in the discretion of Dual-Tech.
This warranty does not obligate Dual-Tech to bear the cost of labor or transportation charges in connection with the replacement or repair of any parts found to be defective, nor shall it apply to a product upon which repairs or alterations have been made unless authorized by Dual-Tech in WRITING. This warranty shall not apply to any product which has been subject to accident, negligence, alteration, abuse or misuse.
Dual-Tech makes no warranty, express or implied, as to the finished products manufactured or supplied by another manufacturer or supplier by Dual-Tech to the purchaser, including but not limited to, any vehicle to which a Dual-Tech Carrier may be affixed or accessories or wire cables and expressly disclaims any implied warranties of merchantability or fitness for a particular purpose as to such equipment or products. This language shall in no way affect or diminish the rights of the purchaser to rely on such warranties as are extended by such manufacturers or suppliers.
Dual-Tech, whose policy is one of continuous improvement, reserves the right to improve its products through changes in design or materials as it may deem desirable without being obligated to incorporate such changes in products to prior manufacture.
It is expressly understood that there is no implied warranty that Dual-Tech Carriers be fit for the purposes of lifting or moving persons or other improper use. This warranty is non-transferable.
THE WARRANTY PROVIDED HEREIN AND THE OBLIGATIONS AND LIABILITIES OF SELLER THEREUNDER ARE EXCLUSIVE AND IN LIEU OF AND THE BUYER HEREBY WAIVES ALL OTHER REMEDIES, WARRANTIES, GUARANTIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATIONS OF THE SELLER WITH RESPECT TO WARRANTIES OF FITNESS OR MERCHANTABILITY AND CONSEQUENTAL DAMAGES. THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY DUAL-TECH AND PURCHASER. PURCHASER WAIVES AND SHALL NOT BE ALLOWED TO CLAIM NOR RECOVER, AND DUAL-TECH IS RELEASED FROM, ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF INCOME OR DOWNTIME OF THE PRODUCT.