REMANUFACTURED EMD TURBOCHARGERS
Advanced Turbo Technology, LLC (the “Company”) warrants each remanufactured turbocharger sold directly by the Company, separately and not as a component part of a diesel engine or power delivery system, to be free from defects in workmanship and material for a period of one (1) year from installation date or 14 months from shipment date; whichever occurs first.
If, after proper installation in the correct application, under normal use, service and proper maintenance, any unit sold directly by the Company fails for reason of defect in workmanship or material within the defined warranty period, the Purchaser shall notify the Company immediately. The Company shall, upon verifying that the cause of failure is within the terms of warranty specified in this document, shall correct any such defect or defects by repairing or replacing the defective unit F.O.B. Company’s works or warehouse with such repaired or replacement unit being subject to a like warranty limited to the unexpired portion of the original warranty period. Should the Purchaser specify or limit repairs to be made to any part or unit under the Company’s Repair and Return service, the warranty shall only apply to the workmanship and material supplied by the Company in effecting such repairs. If, in the Company’s opinion, inspection of any unit that has failed is required at its facilities, the Purchaser shall return such item with shipping charges prepaid to the inspection point designated by the Company. The Company’s liability shall not extend to any defects or defect which in its judgment has been caused in whole or in part by: improper storage or deterioration after delivery; improper installation by Purchaser or its contractor; use of item with other parts or assemblies that are worn, defective or do not meet Advanced Turbo Technology’s or the OEM’s specification; misuse; negligence; accident; or repairs or alterations not authorized and approved by the Company. The liability of the Company (except as to title) arising out of the supplying of any assembly or part, or its use whether on warranty or otherwise, shall not in any case exceed that cost of correcting defects therein as provided above and shall not include transportation charges, Purchaser’s labor or materials, loss of use or revenue or any special or consequential damages by reason of any cause. Upon expiration of said warranty period, all liability of the Company shall terminate.
The warranties set forth herein are in lieu of all other warranties express or implied, including any warranty of merchantability of fitness for particular purpose. The foregoing shall constitute the sole remedy of the Purchaser and the sole liability and obligation of the Company.