manual
Triton Systems ©
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e Manufacturer warrants that the Merchandise delivered to a distributor will perform in accordance with
the Manufacturer’s published specications as detailed below from date of shipment from Long Beach, MS.
e Manufacturer’s warranty shall not apply to any damage resulting from abuse, negligence, accident, or to any
loss or damage to the Merchandise while in transit.
Written notice and explanation of circumstances surrounding any claims that the Merchandise have proved
defective in material or workmanship shall be given promptly from the Distributor to the manufacturer. No
claim may be made, or action brought, by or through a Distributor aer the expiration of the warranty peri-
od following any alleged breach of warranty. DISTRIBUTOR’S SOLE AND EXCLUSIVE REMEDY IN THE
EVENT OF DEFECT IS EXPRESSLY LIMITED TO THE REPLACEMENT OR CORRECTION OF SUCH
DEFECTIVE PARTS BY THE MANUFACTURER AT ITS ELECTION AND SOLE EXPENSE, EXCEPT THAT
THERE SHALL BE NO OBLIGATION TO REPLACE OR REPAIR ITEMS WHICH BY THEIR NATURE ARE
EXPENDABLE. If Manufacturer is unable to replace or repair the defective parts, Manufacturer shall refund to
the Distributor that portion of the purchase price allocable to such goods.
No representation or other armation of fact not set forth herein, including but not limited to statements re-
garding capacity, suitability for use, or performance of the goods, shall be or be deemed to be a warranty or rep-
resentation by the Manufacturer for any purpose, nor give rise to any liability or obligation of the Manufacturer
whatsoever.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS DOCUMENT, THERE ARE NO OTHER WARRANTIES
EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MER-
CHANTABILITY OR FITNESS FOR A PARTICULAR PURCHASE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE MANUFACTURER BE LIABLE FOR LOSS OF PROFITS OR INCIDENTAL, IN-
DIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY BREACH
OF THIS CONTRACT OR OBLIGATIONS UNDER THIS CONTRACT.
INTERPRETATION AND OTHER PAROL EVIDENCE
is writing is intended by the parties as nal expression of their agreement and is intended also as a complete
and exclusive statement of the terms of their agreement. No course of prior dealing between the parties and no
usage of the trade shall be relevant to supplement or explain any term used in these terms and conditions. Ac-
ceptance or acquiescence in a course of performance rendered under these terms and conditions shall not be
relevant to determine the meaning of these terms and conditions even though the accepting or acquiescing party
has knowledge of the performance and opportunity for objection. Whenever a term dened by the Uniform
Commercial Code, as adopted in Mississippi, is used in these terms and conditions, the denition contained in
the Code is to control.
MODIFICATIONS
ese terms and conditions can be modied or rescinded only in writing, signed by either parties or their duly
authorized agents.
WAIVER INEFFECTIVE
No claim or right arising out of or relating to a breach of these terms and conditions can be discharged in whole
or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration and is in writing signed by the aggrieved party. Waiver by either the Manufacturer or Distributor