We warrant each new product made or distributed by us to be free from defects in material and workmanship. Our obligation and liability under this warranty being expressly and exclusively limited to repairing or at our option, replacing free of charge at our factory a part proving to be defective under normal use and service, within 30 days after date of delivery. Parts claimed to be defective and for which repair or replacement is desired shall be, if requested by us, returned transportation prepaid to our factory for inspection.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND OUR OBLIGATION AND LIABILITY UNDER THIS WARRANTY SHALL NOT INCLUDE ANY TRANSPORTATION OR OTHER CHARGES OR THE COST OF INSTALLATION OR ANY LIABILITY FOR DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE OR DELAY RESULTING FROM THE DEFECT.
Any operation beyond rated capacity or improper use or application or substitution of parts not approved by us or any alteration or repairs by others in such manner as, in our judgment, to affect the product materially and adversely shall void this warranty, and no attempt, effort or promise to repair, either by us or by any representative at any time shall change or extend this warranty in any way.
THIS WARRANTY REPRESENTS THE FINAL AGREEMENT BY THE BUYER AND US AS TO ALL WARRANTIES, EXPRESSED OR IMPLIED, WHICH APPLY TO THE SALE OF THE PRODUCTS DESCRIBED. IN NO EVENT SHALL DENVER RUBBER COMPANY (dba DRC COMPANIES) BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH DAMAGES ARE DIRECT OR INDIRECT OF DENVER RUBBER COMPANY’S (dba DRC COMPANIES) NEGLIGENCE. BUYER AGREES TO MAKE NO CLAIM AGAINST DENVER RUBBER COMPANY (dba DRC COMPANIES) BASED ON NEGLIGENCE.