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PRODUCT LIABILITY DISCLAIMER TERMS OF USE, WARRANTY AND LIABILITY WAIVER
Midwest Rapid Tool Inc, having its principal place of business in Batavia, IL
("MRT") offers CNC Tool Changer products (the "Products") with the terms, conditions
and notices as follows:
Terms of Use
This Product is offered to you conditioned upon your acceptance without
modification of the terms, conditions, and notices contained herein.
Installation and/or use of this product imply acceptance of all such terms,
conditions, and notices. If you do not agree to these terms, Midwest Rapid Tool
will not sell this product to you, and in that case you should return this
product promptly, including the packaging and all written materials, to Midwest
Rapid Tool per the Return Policy.
Return Policy
We understand that this type of Tool Changer System might not suite every application,
so we offer a 30 day return policy. If within 30 days of shipment you are
not satisfied with your purchase, just email us and ask for a Return Merchandise
Authorization number. When the RMA is received, make sure it is visible on the
outside of the package. You must use the original packaging and ALL materials
must be included. Customer is responsible for the shipping costs to return the
product. Shipping insurance is strongly recommended, as “Lost in the mail" will
not be sufficient for a refund. The products must be in "Like New" condition
with only normal wear from initial installation and 30 days of evaluation.
Exclusive Obligation
The sole and exclusive obligation of Midwest Rapid Tool shall be to accept
return of Product in the manner and for the period provided above.
No Parts Warranty
The Product sold hereunder are sold "as is" without any warranty of any kind.
Midwest Rapid Tool hereby disclaims all warranties and conditions with regard to
the Product including all implied warranties and conditions of merchantability
and fitness for a particular purpose. Midwest Rapid Tool does not warrant
against damages or defects arising out of use of the Products; against defects
or damages arising from improper installation, or against defects in Product or
in components. No warranty of any kind, expressed or implied, is made regarding
the safety of the Products. The entire risk as to the quality or performance of
the product is with the buyer.
Limitation of Liability
In no event shall Midwest Rapid Tool be liable for any direct, indirect,
punitive, incidental, special, consequential damages, or any damages whatsoever
arising out of or connected with the use or misuse of this Product. Should the
product prove defective following purchase, the buyer and not Midwest Rapid Tool
assumes the entire cost of all necessary servicing or repair. Midwest Rapid Tool
shall not have any obligation with respect to the Product or any part thereof,
whether based on contract, tort, strict liability or otherwise. Buyer assumes
all risks and liability from use of Product.
Third Party Software and Recommended Programming
The SUGGESTED programming is provided for your convenience only. There are many
ways to program the automatic operation of the tool changers. The programming
included may or may not work for all the different applications. Midwest Rapid
Tool does not control such products, and in no event shall Midwest Rapid Tool be
liable for any direct, indirect, punitive, incidental, special, consequential
damages, or any damages whatsoever arising out of or connected with the use or
misuse of the integration of this programming
Other Statements
Midwest Rapid Tool's employees or representatives' ORAL OR OTHER WRITTEN
STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by Buyer, and
are not a part of the contract for sale or this limited warranty.
Entire Obligation.
This TERMS OF USE, WARRANTY AND DISCLAIMER document states the entire obligation
of Midwest Rapid Tool with respect to the Products. If any part of this
agreement is determined to be void, invalid, unenforceable or illegal,
including, but not limited to the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall remain
in full force and effect.
General
This agreement is governed by the laws of Illinois, USA. You hereby consent to
the exclusive jurisdiction and venue of courts in Kane County, Illinois, USA in
all disputes arising out of or relating to the use of this product. Use of this
product is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this
paragraph.
Modification of Terms and Conditions
Midwest Rapid Tool reserves the right to change the terms, conditions, and
notices under which this product is offered.
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