Tobar warrants that its products when installed and used properly, are free of defects in material and workmanship to the first user/purchaser.
Tobar will replace without charge, including transportation, all parts that fail due to defective material or workmanship. Malfunctions or damages resulting from accident, abuse, misapplication, improper installation or normal wear or tear are not covered by this warranty.
It is expressly agreed that this warranty is in lieu of any other warranties and liabilities, express or implied, including but not limited to any warranty of merchantability or fitness for any purpose and any liability for consequential damages arising out of the use of the product sold hereunder. The foregoing states seller’s entire exclusive liability and buyer’s exclusive and sole remedy. Seller will in no event be liable for any consequential, special or contingent damage or expense arising directly or indirectly from any defect in its goods or from the use thereof, nor is any other person authorized to assume for seller any such liability.