Prime Drives warrants equipment manufactured by the Company (except replacement parts and repairs) will be free from defects in material and workmanship for a period of one (1) year from the date of shipment from the Company’s factory, provided the Company is given immediate written notice of such a defect. The Company’s obligation under this warranty shall be strictly and exclusively limited to repairing or replacing, at the factory, any such equipment or parts thereof which an authorized representative of the Company finds to be defective in material or workmanship under normal use and service within such period of one (1) year.
Written authorization to return any equipment or parts thereof must be obtained from Prime Drives and returned to Prime Drives at its place of business freight prepaid. Prime Drives does not pay or reimburse any travel expenses or service calls to the Purchaser. Prime Drives shall have no liability with respect to equipment not of its manufacture.
This warranty does not apply to any equipment which has been tampered with, disassembled, or altered in any way and providing it has been operated in accordance with nameplate specifications at proper duty cycle and ambient temperature and not subjected to misuse, neglect or accident.
THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT, OR REFUND OF THE PURCHASE PRICE AS SET FORTH ABOVE. PRIME DRIVES SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL PRIME DRIVES COMPANY’S LIABILITY TO YOU AND/OR YOUR CUSTOMERS EXCEED THE PRICE PAID BY YOU FOR THE SPECIFIC PRODUCT PROVIDED BY PRIME DRIVES GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. YOU AGREE THAT IN NO EVENT SHALL PRIME DRIVES LIABILITY TO YOU AND/OR YOUR CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
The term “consequential damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or damage to property or equipment. It is expressly understood that any technical advice furnished by Prime Drives with respect to the use of Prime Drives products is given without charge, and Prime Drives assumes no obligation or liability for the advice given, or results obtained, all such advice being given and accepted at your risk.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.
No dealer, agent or employee or other representative of Prime Drives is authorized to modify this warranty or make any other additional warranties other than the limited warranty stated above.
The accepted quotation, purchase order, and invoice represents the entire Agreement between Prime Drives and the Purchaser.