Cross Manufacturing, Inc. (“Cross”) warrants to the original purchaser that the products it manufactures shall be free from defects in material and workmanship.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Cross’ obligation under this warranty is limited to the repair or replacement of a defective article or, at Cross’ option, the issuing of a credit for the purchase price, for a period of twelve (12) months from the date of first use or eighteen (18) months from the date of shipment from Cross, whichever shall first occur. Buyer shall make such defective article available for inspection by Cross and, if so directed by Cross, shall return the defective article to Cross, transportation prepaid. Replacement articles or parts thereof repaired under this warranty shall be warranted under the terms of this warranty for the remainder of the term of the original warranty or for a period of six (6) months (after such repair or replacement), whichever is longer. Upon expiration of the warranty period, all of Cross’ obligation hereunder shall terminate. This warranty shall not apply to any article which shall have been subject to alteration, accident, abuse, misuse, or failure to follow Cross’ instructions for installation, operation and maintenance. If a claim under this warranty is refused because the warranty has expired or because, in Cross’ opinion, the article has been subject to alteration, accident, abuse, misuse, or failure to follow Cross’ instructions for installation, operation and maintenance, the buyer shall be so advised and the unit will be held for a period not to exceed fifteen (15) days pending disposition by buyer. The foregoing shall constitute the sole remedy of the buyer and the sole obligation of Cross.
Cross shall not be liable for indirect, incidental or consequential damages, secondary charges, or loss or expense resulting from (1) any alleged defect in any Cross product to which this warranty applies, (2) the failure of any such product to operate properly or (3) the negligence of others. Cross reserves the right to make design changes at any time without obligation to modify articles previously shipped from Cross.
Only the warranty expressed in this Warranty Policy shall apply and no distributor, corporation or individual is authorized to amend, modify or extend this warranty in any way on resale. Some states do not allow the exclusion or modification of implied warranties of merchantability and fitness for a particular purpose; nor do some states permit the exclusion or modification of any remedy or measure of damages provided by law for a breach of the implied warranty of merchantability and fitness for a particular purpose. In these states, any exclusion or modification so prohibited or any other provision contained in this warranty which is so prohibited shall not be applicable.