Catalog Products
Dislaimer of implied warrenties and limitation of liability of items listed in the Q-Mark Manufacturing Inc.product catalog:
Q-Mark Manufacturing Inc. (seller) warrants that the equipment delivered by seller will be of the kind and quality described in the order or contract and will be free of defects in workmanship or material. Should any failure to conform to this warranty appear within one (1) year of delivery date, buyer may elect to have the merchandise repaired, replaced, or obtain a refund.
This warranty is in lieu of all warranties of merchantability, fitness for purpose or other warranties, express or implied, except of title. Correction of nonconformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of seller to buyer, whether based on contract, negligence or otherwise with respect to, or arising out of such equipment.
Neither party shall be liable for special, indirect, or consequential damages. The remedies set forth in this instrument are exclusive, and the liability of seller with respect to any contract or 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.
Custom Products
Dislaimer of implied warrenties and limitation of liability on items manufactured to customer specification:
Q-Mark Manufacturing Inc. (seller) warrants that the equipment delivered by seller will be of the kind and quality described in the order or contract and will be free of defects in workmanship or material. Should any failure to conform to this warranty appear within sixty (60) days of delivery date, seller shall, on notification, correct such nonconformity, including nonconformance with the specifications, at its option, by replacing or repairing any defective part or parts.
This warranty is in lieu of all warranties of merchantability, fitness for purpose, or other warranties, express or implied, except of title. Correction of nonconformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of seller to buyer, whether based on contract, negligence or otherwise with respect to, or arising out of such equipment.
Neither party shall be liable for special, indirect, or consequential damages. The remedies set forth in this instrument are exclusive, and the liability of seller with respect to any contract or 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.