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9 Warranty

Henkel Loctite expressly warrants that all products referred to in this Instruction Manual
®
under Loctite
Shot Miser™ Dispense System 98116 (hereafter called "Products") shall
be free from defects in materials and workmanship. Liability for Henkel Loctite shall be
limited, at its option, to replacing those Products which are shown to be defective either
in materials or workmanship or to credit to the purchaser the amount of the purchase
price thereof (plus freight and insurance charges paid therefor by the user). The
purchaser's sole and exclusive remedy for breach of warranty shall be such replacement
or credit.
A claim of defect in materials or workmanship in any Products shall be allowed only
when it is submitted to Henkel Loctite in writing within one month after discovery of the
defect or after the time the defect should have reasonably have been discovered and in
any event, within twelve months after the delivery of the Products to the purchaser. No
such claim shall be allowed in respect of Products which have been neglected or
improperly stored, transported, handled, installed, connected, operated, used or
maintained or in the event of unauthorized modification of the Products including; where
products, parts or attachments for use in connection with the Products are available from
Henkel Loctite, the use of products, parts or attachments which are not manufactured by
Henkel Loctite.
No Products shall be returned to Henkel Loctite for any reason without prior written
approval from Henkel Loctite. Products shall be returned freight prepaid, in accordance
with instructions from Henkel Loctite.
NO WARRANTY IS EXTENDED TO ANY EQUIPMENT THAT HAS BEEN ALTERED; MISUSED,
NEGLECTED, OR DAMAGED BY ACCIDENT, OR IF THE SYSTEM IS USED TO DISPENSE ANY
®
LIQUID MATERIAL OTHER THAN LOCTITE
PRODUCTS.
EXCEPT FOR THE EXPRESS WARRANTY CONTAINED IN THIS SECTION, HENKEL LOCTITE
MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH
RESPECT TO THE PRODUCTS.
ALL WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
OTHER WARRANTIES OF WHATEVER KIND (INCLUDING AGAINST PATENT OR
TRADEMARK INFRINGEMENT) ARE HEREBY DISCLAIMED BY HENKEL LOCTITE AND
WAIVED BY THE PURCHASER.
THIS SECTION SETS FORTH EXCLUSIVELY ALL OF LIABILITY FOR HENKEL LOCTITE TO
THE PURCHASER IN CONTRACT, IN TORT OR OTHERWISE IN THE EVENT OF DEFECTIVE
PRODUCTS.
WITHOUT LIMITATION OF THE FOREGOING, TO THE FULLEST EXTENT POSSIBLE UNDER
APPLICABLE LAWS, HENKEL LOCTITE EXPRESSLY DISCLAIMS ANY LIABILITY
WHATSOEVER FOR ANY DAMAGES INCURRED DIRECTLY OR INDIRECTLY IN
CONNECTION WITH THE SALE OF USE OF, OR OTHERWISE IN CONNECTION WITH, THE
PRODUCTS, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS AND SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER CAUSED BY NEGLIGENCE FROM
HENKEL LOCTITE OR OTHERWISE.
-END-

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