Kold
Pack
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Refrigeration Products Warranty Terms and Conditions Kold Pack, Inc. (hereinafter referred to as "The Seller") Refrigeration Products Warranty - Except where different express written warranty has been issued with respect to a particular product, no warranty of any kind, express or implied, is extended by the seller to any person or persons other than its direct buyers. Products manufactured by seller are guaranteed to be free from defects in materials and workmanship for a period not to exceed (1) one year from date of original invoice. The seller warrants only that it will furnish a replacement for, or at its option repair, the product of its manufacture or part or portion thereof, proved to its satisfaction to be defective in material or workmanship under normal use and service when returned to us freight prepaid. The seller shall have no responsibility for the performance of any product sold by it under conditions varying materially from those under which such product is usually tested under existing industry standard s, nor for any damage to the product from abuse or misuse, nor for the design or operation of any system of which any product may be made a part or for suitability of any such product for any particular application. The seller shall not be liable for any cost or expense incurred including without limitation, freight, labor expense, or loss of refrigerant and materials in connection with the removal or replacement of alleged defective equipment or any part or portion thereof, nor for incidental or consequential damages of any kind including but not limited to loss of refrigerated products, nor under any circumstances for any damage beyond the original purchase price of the goods sold. The foregoing is in lieu of all other warranties, express or implied, notwithstanding the provisions of the uniform commercial code, the Magnuson-Moss Warranty - Federal Trade Commission Improvement Act, or any other statutory or common law, federal or state. Seller makes no warranty, express or implied, of fitness for any particular purpose, or of any other nature whatsoever, with respect to products manufactured or sold by seller hereunder, except as specifically set forth above and on the face hereof, it is expressly understood and agreed that seller shall not be liable to buyer, or any customer of buyer, for direct or indirect, special, incidental, consequential, or penal damages, or for any expenses incurred by reason of the use or misuse by the buyer or third parties of said products. To the extent said products may be considered "Consumer Products," as defined in Sec. 101 of the Magnuson - Moss Warranty - Federal Trade Commission Improvement Act, seller makes no warranty of any kind, express or implied to "Consumers," except as specifically set forth above and on the face hereof.
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