WHEREAS, MistMAXX 360 is in the business of selling disinfecting equipment and related parts, accessories, and other products (collectively, “Products”) to customers;
WHEREAS, Customer wishes to purchase, and MistMAXX 360 wishes to sell, MistMAXX 360’s Products under the conditions of this Limited Warranty;
THEREFORE, the parties agree as follows:
- LIMITED WARRANTY
MistMAXX 360 warrants that the Products will be free from defects in materials and workmanship for a period of one year from the date on which the Products are delivered to the carrier for shipment to Customer or the Dealer.
- CUSTOMER REMEDIES
MistMAXX 360’s and its suppliers’ entire liability and Customer’s exclusive remedy shall be for the replacement of a defective part or parts of the Products, not including the labor costs or shipping. To obtain the replacement of a defective part or parts under this Limited Warranty, Customer must give written notice to Mist MAXX 360 of the defect(s) during the one-year limited warranty period and must provide MistMAXX 360 the opportunity to inspect the Products. This Limited Warranty is void if failure of the Products has resulted from accident, abuse, or misapplication. Any replacement part or parts of the Products will be warranted for the remainder of the original limited warranty period. Products may only be serviced or repaired by MistMAXX or by an authorized service center. Customer shall be responsible for arranging and paying for transportation of the Products for warranty service or repair and for labor costs.
- NO OTHER WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MISTMAXX 360 AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PRODUCTS AND ANY RELATED WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
- NO LIABILITY FOR DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MISTMAXX 360 OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF CUSTOMER’S PURCHASE OR USE OF THE PRODUCTS, EVEN IF MISTMAXX 360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE LIMIT ON CUSTOMER REMEDIES IN SECTION 2 ABOVE IS UNENFORCEABLE, MISTMAXX 360’S AND ITS SUPPLIERS’ TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS.
- CORRECT INFORMATION
Customer’s rights under this Limited warranted are conditioned upon customer providing correct information on this Limited Warranty Registration Form.
- HOLD HARMLESS
By accepting this Limited Warranty Customer agrees to hold MistMAXX 360 harmless from any demand, claim, or liability other than based on any rights other than those expressly granted to Customer herein.
Customer agrees to and accepts the Limited Warranty stated herein and submits this Limited Warranty Registration Form to MistMAXX 360.