KB G
EARMOTOR, INC.

Warranty

KB GEARMOTOR

LIMITED WARRANTY

KB Gearmotor (the “Manufacturer”) warrants its gearmotors and valve actuators (the “Products”) as follows:

1.         Limited Warranty.

Manufacturer warrants that the Products sold hereunder will be free from defects in material and workmanship for a period of one year from the date of manufacture.  If the Products do not conform to this Limited Warranty during the warranty period, Buyer shall notify Manufacturer in writing of the claimed defects and demonstrate to Manufacturer satisfaction that said defects are covered by this Limited Warranty.  If the defects are properly reported to Manufacturer within the warranty period, and the defects are of such type and nature as to be covered by this warranty, Manufacturer shall furnish replacement Products or, at Manufacturer's option, repair the defective Products.  Installation of the replacement Products or replacement parts shall be at Buyer's expense.

2.         Other Limits.

THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY DOES NOT COVER DEFECTS IN OR DAMAGES TO PRODUCTS DUE TO ABUSE, MISUSE, NEGLECT, MISHANDLING, ALTERATION, ACCIDENT, LACK OF PROPER MAINTENANCE, IMPROPER INSTALLATION (WHERE INSTALLATION IS BY PERSONS OTHER THAN MANUFACTURER), OR DUE TO DEFECTS IN COMPONENTS NOT MANUFACTURED BY MANUFACTURER. THIS LIMITED WARRANTY DOES NOT COVER PARTS WHICH ARE REPLACED AS PART OF NORMAL MAINTENANCE. THIS LIMITED WARRANTY DOES NOT COVER REPEAT REPAIRS PERFORMED AS A RESULT OF A MISDIAGNOSIS OR IMPROPER PRIOR REPAIR. Manufacturer passes on to Buyer the warranty it received (if any) from the maker thereof of any non-Manufacturer made products or components. This warranty does not apply to Products upon which repairs have been affected or attempted by persons other than pursuant to written authorization by Manufacturer.

3.         Exclusive Obligation.

THIS WARRANTY IS EXCLUSIVE.  The sole and exclusive obligation of Manufacturer shall be to repair or replace the defective Products in the manner and for the period provided above.  Manufacturer shall not have any other obligation with respect to the Products or any part thereof, whether based on contract, tort, strict liability or otherwise.  Under no circumstances, whether based on this Limited Warranty or otherwise, shall Manufacturer be liable for incidental, special, or consequential damages.  To the extent permitted by law, loss of time, inconvenience, loss of the use of the equipment, commercial loss, and incidental loss, and incidental and consequential damages are not covered by this Limited Warranty.

4.         Other Statements

Manufacturer'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.

5.         Entire Obligation.

This Limited Warranty states the entire obligation of Manufacturer with respect to the Products.  If any part of this Limited Warranty is determined to be void or illegal, the remainder shall remain in full force and effect.

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