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Kalmar AC, Inc. Forklift Warranty Class I, Class IV, Class V, ACNR, ACNM Excluding E 140/160, C 140/160, C 135/155* Kalmar AC, Inc., ("Kalmar") warrants that the above listed new industrial trucks sold by it are free of defects in material and workmanship in accordance with the terms and conditions stated below. Kalmar will repair or, at its option, replace any part on the above listed new industrial trucks sold by it that fails to conform to this Warranty. Standard Warranty Period: 15 months or 2,000 hours, whichever occurs first, following the date of delivery to the first purchaser of use. Covers all components subject to the limitations and exclusions listed below. Extended Warranty Period: 48 months or 4,000 hours, whichever occurs first, following the date of delivery to the first purchaser of use. Covered components during the extended warranty period are as follows and are subject to the limitations and exclusions listed below:
Limitations and Exclusions This Warranty shall not cover or include any of the following, and Kalmar shall have no liability with respect to:
LIMITATION OF LIABILITY: Kalmar makes no warranty with respect to industrial trucks sold by it, express or implied, except as expressly set forth herein. Kalmar's liability, whether in contract, tort, or under any other legal theory, arising out of warranties, representations, instructions or warnings (or any lack or inadequacy thereof), deficiencies, failures or defects of any kind, or from any cause shall be limited solely to repairing or replacing defective parts (during normal business hours) pursuant and subject to the foregoing provisions. Regardless of whether the buyer's limited remedy has failed of its essential purpose, Kalmar shall not be liable in any event for any special, indirect, incidental, or consequential damages, including but not limited to lost profits, nor shall any claim or recovery of any kind exceed the purchase price of the industrial truck to which such claim or recovery is made. The foregoing Warranty is in lieu of all other warranties, express or implied, and Kalmar disclaims any warranties of merchantability and fitness for use or a particular purpose. this Warranty is effective with truck installations beginning August 1, 1994. *Revised January 1, 1998. |
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