PRESTIVAC warrants that its equipment will be free of defects in workmanship or material for a period of (3) years from the date of delivery. If the vacuum fails to meet these warranty standards, PRESTIVAC shall, upon notification within such time, correct such non-conformity, at its option, either by repairing any defective part or parts, or by replacing a part or parts provided that the equipment is returned to PRESTIVAC. In all cases, freight both ways will be at expense of the customer. Equipment shall not be returned without advance notice to, and consent of PRESTIVAC.
Except as specifically set forth herein, PRESTIVAC makes no warranties, either expressed or implied, as to any matter whatsoever, including without limitation any and all warranties of merchantability, fitness of purpose, or other warranties, all of which are expressly disclaimed and excluded. Neither party shall be liable to the other for special, indirect, incidental or consequential damages, including but not limited to loss of production, loss of profits or any other similar indirect losses which might occur as a result of defects, partial or total failure of the product to perform as specified.
Correction of non-conformities or defects in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of PRESTIVAC to the customer, whether based on contract, negligence or otherwise with respect to, or arising out of such equipment. The remedies set forth herein are exclusive, and the liability of PRESTIVAC with respect to this sale or anything done in connection therewith, whether in contract, in tort, under any warranty, or otherwise, shall not, except as expressly provided herein, exceed the price of the equipment or part on which such liability is based.
This warranty does not cover repairs due to normal wear and tear, accident, neglect, misuse or abuse, incorrect installation or use other than as described in the instruction manual. Breaks in hoses and cables are not covered. This warranty is rendered void if the serial number/plate is removed or defaced or if repairs are made or attempted by persons not authorized by PRESTIVAC.
Some states do not allow exclusion of implied warranties or limitations on how long an implied warranty lasts so the above exclusions or limitation of implied warranties may not apply. Some states do not allow exclusion or limitation of incidental or consequential damages so the above exclusion or limitation of incidental or consequential damages may not apply. Limited warranties set forth above give specific legal rights. Customer may have other rights which vary from state
to state.