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6-7-06 - Fifth Proof
ii
The sole liability of Mertz Manufacturing, LLC and the exclusive remedy of the
purchaser arising out of the manufacture, sale, or use of the equipment provided
hereunder, on warranties or otherwise, shall be limited to the cost of repair or
replacement of defective parts as herein specified. Further Mertz Manufacturing, LLC's
maximum liability hereunder arising from any cause whatsoever, including but not
limited to, breach of contract or tort (including negligence), shall not exceed the
contract price of the equipment furnished hereunder. Mertz Manufacturing, LLC shall
not be responsible for work done, equipment or parts furnished, or for parts or repairs
made by others unless the work is specifically ordered by Mertz Manufacturing, LLC.
In no event shall Mertz Manufacturing, LLC be liable for removing defective parts or
for reinstalling said parts when repaired or replaced by anyone other than Mertz
Manufacturing, LLC or an authorized service facility or for any costs incurred with such
removal or reinstallation.
CONSEQUENTIAL DAMAGES
Notwithstanding any other provision of this agreement, in no event shall Mertz
Manufacturing, LLC be liable, whether arising under contract, tort (including
negligence) or otherwise, for loss of anticipated profits, loss of use of capital or
revenue, non-operational expenses, increased expense of operation cost of purchased
or replacement equipment, damage to loads or contents of the equipment,
transportation expenses due to repairs, claims of customers, cost of money, or for any
special, incidental or consequential loss or damage of any nature arising at any time
or from any cause whatsoever.
This Warranty Agreement shall be governed by, and construed and enforced in
accordance with the laws of the State of Oklahoma. Any litigation under this warranty
will be held in Kay County in accordance with the laws of Oklahoma.
Mertz Manufacturing, LLC P.O. Box 150 Ponca City, OK 74602
PO BOX 150 (74602) / 1701 N WAVERLY / PONCA CITY, OK 74601
PHONE: (580) 762-5646 / FAX: (580) 767-8411 / NT FAX: (580) 765-3934
www.boxerok.com