Carter Motor Company, based in Warren, Illinois USA (the Company) warrants equipment manufactured by the Company (except replacement parts and repairs) will be free from defects in material and workmanship for a period of two (2) years from the date of shipment from the Company's factory, provided the Company is given immediate written notice of such a defect. The Company's obligation under this warranty shall be strictly and exclusively limited to repairing or replacing, at the factory, any such equipment or parts thereof which an authorized representative of the Company finds to be defective in material or workmanship under normal use and service within such period of two (2) years. This warranty does not apply to any equipment which has been tampered with, disassembled, or altered in any way and providing it has been operated in accordance with nameplate specifications at proper duty cycle and ambient temperature and not subjected to misuse, neglect or accident. Written authorization to return any equipment or parts thereof must be obtained from the Company. Brushes are not warranted against wear. Transportation charges are not included in the warranty. The Company shall have no liability with respect to equipment not of its manufacture.
THE ABOVE WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS MANUFACTURED AND SOLD BY CARTER MOTOR. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IT IS UNDERSTOOD AND AGREED THAT CARTER'S LIABILITY WHETHER IN CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER. UNDER NO CIRCUMSTANCES SHALL CARTER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PRODUCT IS A CONSIDERATION IN LIMITING CARTER'S LIABILITY. NO ACTION, REGARDLESS OF FORM, SHALL BE BROUGHT BY THE PURCHASER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.