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| guarantee | guarantee |
| 1.0 | Warranty | |
| 1.1 | Mobilexhibit hereby warrants that the Mobilexhibit Products sold by Mobilexhibit shall be free from defects in material, workmanship and design for a period of two (2) years after delivery to the Customer, but only when used in "Normal Service" (as hereinafter defined) and subject to the limitations hereinafter set forth. "Normal Service" is defined as usage in the manner and for the purposes for which Mobilexhibit Products are generally purchased and utilized, including, without limitation, the loading, unloading and carriage of uniformly distributed legal loads of cargo properly secured in a manner which does not subject the Mobilexhibit Products or related equipment and contents to strains or impacts greater than normally imposed by lawful use on well-maintained public roads with gross vehicle weight which does not exceed the Gross Vehicle Weight Rating established for the Mobilexhibit Products and specified on the Federal Motor Vehicle Safety Standards conformity decal affixed to the chassis thereof prior to delivery to the Customer. | |
| 1.2 | The warranties set forth herein are exclusive, are made solely to the Customer and are expressly given in lieu of any and all other warranties, express or implied, including any implied warranty of fitness for a particular purpose or any other warranty of quality, and in lieu of any other obligations on the part of Mobilexhibit. | |
| 1.3 | Mobilexhibit makes no warranty whatsoever as to: | |
| (a) | any Mobilexhibit Products which, after delivery to the Customer, have been altered or, without prior written approval of Mobilexhibit, repaired by anyone other than one of Mobilexhibit's authorized service representatives contrary to section 2.4 of the Limits of Liability unless, in Mobilexhibit's reasonable opinion, such alterations or repairs are in no way responsible for the condition complained of; and, | |
| (b) | items requiring normal maintenance which are not defective, but which may wear out and have to be replaced during the warranty period including, without limitation, light bulbs and light assemblies, decals and other accessories. | |
| 2.0 | Limitation of Liability | |
| 2.1 | Mobilexhibit shall not under any circumstances be liable for special or consequential damages such as, but not limited to, damage or loss of other property or equipment, loss of profits or revenue, costs of capital or costs of purchased or replaced goods. | |
| 2.2 | The remedies of the Customer set forth in this Warranty and Limitation of Liability are exclusive, and the liability of Mobilexhibit with respect to any (i) breach of contract, (ii) defects in material, workmanship or design, (iii) negligence of Mobilexhibit in performing hereunder, or (iv) other claim arising hereunder, whether in tort, strict liability or otherwise, shall be limited to the repair or replacement of any defective warranted Mobilexhibit Products or parts thereof, at Mobilexhibit's option, within two (2) years after delivery thereof, and shall be deemed waived unless such claim is made in accordance with the following: | |
| (a) | The Customer shall give Mobilexhibit written notice of the alleged defect, including a description of same, within thirty (30) days after such defect is or ought to have been discovered; and | |
| (b) | Such Mobilexhibit Products or parts thereof shall be returned to Mobilexhibit or one of its authorized service representatives with any applicable freight paid by the Customer within ten (10) days if and after Mobilexhibit requests the return for inspection and/or repair or replacement. | |
| 2.3 | Upon receipt of proper notice from the Customer and return of the Mobilexhibit Products or parts thereof to Mobilexhibit (if requested, as provided above), Mobilexhibit shall be obligated to repair or replace such Mobilexhibit Products or parts thereof only if, after Mobilexhibit's inspection, such Mobilexhibit Products or parts thereof are found to Mobilexhibit's satisfaction to be defective in material, workmanship or design. The Customer shall have no other remedy available to it, whether at equity or at law. | |
| 2.4 | The Customer shall advise Mobilexhibit in writing before any repairs are made which are covered by or affect Mobilexhibit's warranty as set out in this Schedule and shall obtain Mobilexhibit's prior written approval before making any such repairs. Mobilexhibit may, at its option, provide a representative to inspect the Mobilexhibit Product prior to issuing any such written approval. | |
| 2.5 | Mobilexhibit reserves the right to make changes or improvement to the Mobilexhibit Products, including the design thereof, without thereby obligating itself to make the same changes or improvements upon its Mobilexhibit Products previously manufactured and delivered to the Customer. | |
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MOBILEXHIBIT CORPORATION 160 Lesmill Road, Toronto, Ontario, Canada M3B 2T5 Tel: 416.441.3477 Fax: 416.441.3556 customerservice@mobilexhibit.com |
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