Warranty. All parts, services, and equipment sold, rented, or leased pursuant to this Standard Credit Agreement or pursuant to any other agreement between the parties shall be subject to the following terms and conditions:
- A written manufacturer’s standard warranty may be delivered with parts or new equipment purchased hereunder and any such warranty shall not be deemed to have been adopted by Gregory Poole.
- Any “used” parts or equipment, or any parts of equipment which are not “new” shall be sold “AS-IS” and “WITH ALL FAULTS” and the Customer acknowledges that no warranties of merchantability or fitness for a particular purpose are to be implied in the transaction, unless Customer receives a warranty in writing at the time parts or equipment are purchased.
- Gregory Poole does not extend any warranty on equipment which it leases or rents to Customer unless Customer receives such warranty in writing at the time of initial lease or rental.
- If no written warranty from a manufacturer or Gregory Poole is delivered with an item or if the Customer claims that the manufacturer’s warranty does not apply for any reason, then the Customer shall be bound by the limitations of warranty and the limitations of remedy described in this Standard Credit Agreement. Customer acknowledges that it has no claim for breach of warranty against Gregory Poole unless it receives a written warranty from Gregory Poole at the time new parts or equipment is purchased.
- Any warranty shall not apply to any parts or equipment which have been repaired or altered without Gregory Poole’s written consent, in any way so as to, in the judgement of Gregory Poole, affect their reliability, or if they have been subject to misuse, negligence or accident or have been operated in a manner that is contrary to Gregory Poole’s printed instructions or has been operated under conditions which are more severe than, or otherwise exceeding, those set forth in the specifications for such parts or equipment.
THE WARRANTIES DESCRIBED IN WRITING BY EITHER A MANUFACTURER OR GREGORY POOLE ARE THE EXCLUSIVE WARRANTIES AVAILABLE TO THE CUSTOMER AND ARE MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED.