Warranty
Tuthill Transfer Systems ("Manufacturer") warrants each consumer buyer of its Fill-Rite products ("Buyer") from the date of invoice or sales receipt, that goods of its manufacture ("Goods") shall be free from defects of materials and workmanship. Duration of the warranty is as follows:
Heavy Duty Products – Two Years
Standard Duty Products – One Year
Economy Duty Products – One Year
Cabinet Pumps, Parts, and Accessories – One Year
Manufacturers sole obligation under the foregoing warranties will be limited to either – at Manufacturers option – repairing or replacing defective goods (subject to limitations hereinafter provided) or refunding the purchase price for such Goods theretofore paid by the buyer, and Buyers exclusive remedy for breach of any such warranties will be enforcement of such obligations of the Manufacturer. If the Manufacturer so requests the return of such Goods, the Goods will be redelivered to the manufacturer in accordance with Manufacturers instructions FOB Factory.
The remedies contained herein shall constitute the sole recourse of the Buyer against the Manufacturer for breach of warranty. IN NO EVENT SHALL THE MANUFACTURER'S LIABILITY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF THE MANUFACTURE, SALE, DELIVERY, OR USE OF THE GOODS EXCEED THE PURCHASE PRICE. The foregoing warranties will not extend to goods subject to misuse, neglect, accident, improper installation or maintenance, or have been repaired by anyone other than the Manufacturer or its authorized representative. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE OF ANY OTHER TYPE, WHETHER EXPRESSED OR IMPLIED. No person may vary the forgoing warranties or remedies, except in writing signed by a duly authorized officer of the Manufacturer. The Buyer's acceptance of delivery of the Goods constitutes acceptance of the foregoing warranties and remedies, and all conditions and limitations thereof.