Exmark eXmark Ultra VAC Lazer Z User Manual Page 41

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instructions provided by Exmark; (vi) repair or replacement arising as a
result of any operation from turf equipment that has been altered or
modified so as to, in the determination of Exmark, adversely affect the
operation, performance or durability of the equipment or that has
altered, modified or affected the turf equipment so as to change the
intended use of the product; (vii) repair or replacement necessitated by
use of parts, accessories or supplies, including gasoline, oil or
lubricants, incompatible with the turf equipment or other than as
recommended in the operator's manual or other operational instructions
provided by Exmark; (viii) repairs or replacements resulting from parts
or accessories which have adversely affected the operation, performance
or durability of the turf equipment; or (ix) damage or defects due to or
arising out of repair of turf equipment by person or persons other than
an authorized Exmark service dealer or the installation of parts other
than genuine Exmark or Exmark recommended parts.
As a condition to this warranty, customer shall have read the operator's
manual and shall have returned to Exmark, within the prescribed time, the
enclosed warranty registration card.
The sole liability of Exmark with respect to this warranty shall be
repair and replacement as set forth herein. Exmark shall have no
liability for any other cost, loss or damage, including but not limited
to, any incidental or consequential loss or damage. In particular,
Exmark shall have no liability or responsibility for: (i) expenses
relating to gasoline, oil or lubricants; (ii) loss, cost or expense
relating to transportation or delivery of turf equipment from the
location of owner or location where used by owner to or from any
authorized Exmark service dealer; (iii) travel time, overtime, after
hours time or other extraordinary repair charges or charge relating to
repairs or replacements outside of normal business hours at the place of
business of the authorized Exmark service dealer; (iv) rental of like or
similar replacement equipment during the period of any warranty, repair
or replacement work; (v) any telephone or telegram charges or travel
charges; (vi) loss or damage to person or property other than that
covered by the terms of this warranty; (vii) any claims for lost
revenue, lost profit or additional cost as a result of a claim of breach
of warranty; or (viii) attorney's fees.
There are no representations or warranties which have been authorized and
provided to the buyer of the turf equipment, other than as set forth in
this warranty. Any and all statements or representations made by any
seller of this equipment, including those set forth in any sales
literature or made orally by any sales representative, are superseded by
the terms of this warranty. Any affirmation of fact or promise made by
Exmark or any of its representatives to the buyer which relates to the
goods that are the subject of this warranty shall not be regarded as
part of the basis of the bargain and shall not be deemed to create any
express warranty that such goods shall conform to the affirmation or
promise.
THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS, OR WARRANTIES,
EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO ANY REGARDING THE
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), NOT SPECIFIED HEREIN,
RESPECTING THE EQUIPMENT WHICH IS THE SUBJECT OF THIS WARRANTY.
This warranty applies to all Exmark turf equipment sold in the United States
and Canada and intended to be used for commercial purposes.
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