Marxman™ Maintenance Tools warrants to original equipment manufacturers, distributors and industrial and commercial users of its products that each new product which it manufactures or supplies is free from defects in material and workmanship. Its sole obligation under this warranty is limited to furnishing, without additional charge, a replacement for, or, at its option, repairing or issuing credit for any such product which shall, within one year from the date of sale by Marxman™ Maintenance Tools, be returned freight prepaid to the plant designated by a Marxman™ Maintenance Tools representative and which, upon inspection, is determined by Marxman™ Maintenance Tools to be defective in materials or workmanship. The provisions of this warranty shall not apply to any product which has been subjected to misuse, improper operating conditions, machine setup or which has been repaired or altered, if such would adversely affect performance of the product. Complete written information with respect to all such matters must be furnished to Marxman™ Maintenance Tools, as a prerequisite to its consideration of any claim or complaint under this warranty. The repair, replacement or issuance of credit for parts provided for in this warranty constitutes the Buyer's EXCLUSIVE REMEDY.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Marxman™ Maintenance Tools shall have no liability or responsibility on any claim of any kind, whether in contract, tort or otherwise, for any loss or damage arising out of, connected with, or resulting from the manufacture, sale, delivery or use of any product sold hereunder, in excess of the cost of replacement or repair as provided herein. IN NO EVENT SHALL MARXMAN™ MAINTENANCE TOOLS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Marxman™ Maintenance Tools makes no warranty, express or implied, except as set forth above; and Marxman™ Maintenance Tools neither assumes nor authorizes any other person or entity to assume for it any other obligation or liability in connection with any of its products.

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