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Funk Linko, Inc. warrants the products described on the face hereof to be free from defects in material and factory workmanship and fit for the ordinary use for which such products are intended to be used, which use is stated on the face hereof. All goods shall be subject to tolerances and variations consistent with the usual trade practices regarding dimensions, straightness, section, composition and normal variations in the surface and internal conditions and quality and shall also be subject to deviations from tolerances and variations consistent with practical testing and inspection methods.THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED. No warranty shall apply to any product sold hereunder which is not used for the purpose intended or which has been subject to accident, alternation, abuse, misuse, flood, fire, or acts of God. It is expressly understood that Funk Linko, Inc. shall not be liable for any incidental or consequential damages arising from any breach of contract for sale, including any warranties arising there from, and that the obligations and liabilities of Funk Linko Inc. shall be limited to repair or replacement without charge, FOB destination, of a defective part returned within one year from the date of delivery of the goods covered by this agreement. Replacement will be made only upon Seller's receptive of Buyer's written notice that the goods are defective, and upon Seller's inspection. Buyer shall return defective goods and Seller shall bear the costs of shipping, only after Seller has sent Buyer definitive shipping instructions. Any action, whether founded in contract, tort, strict liability, or any other theory, must be commenced within one year after delivery of the goods to the Buyer, and no such action may be taken which is not commenced within such period. Primer and Paint EXCEPTION Due to transit, weather, storage, handling, accidents, paint application, act of God and other misuse or handling which is out of the direct control of Funk Linko Inc. the warranty on the coat of primer and/or paint shall be 30 days from date of shipment. Other conditions of the Funk Linko, Inc. warranty will remain in effect for primer and paint. |
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