Products manufactured by Nailor Industries, Inc. (“Nailor”) are warranted to be free from defects in material and workmanship under normal use and maintenance for a period of three hundred sixty-five (365) days from the date of original shipment by Nailor. THIS WARRANTY IS VOID IF THE PRODUCT SERIAL IDENTIFICATION TAG IS REMOVED OR DEFACED TO A POINT WHERE THE UNIT CANNOT BE IDENTIFIED. Nailor warrants only that it will furnish replacement material, or at its option, repair any product of its manufacture that is proven to Nailor’s satisfaction to be defective in material or workmanship during this described warranty period. Nailor reserves the right in any case to fully satisfy its obligations and liability under this warranty by refunding the price paid for the defective good. To determine defects Nailor may require material claimed defective to be returned to the Nailor factory that originally shipped the product. A "Return/Credit Authorization Form" must be obtained from Nailor Customer Service prior to the return to origination point. If any defects are determined by Nailor to exist, freight charges relative to replacement material will be paid by Nailor. Products not manufactured by Nailor will be warranted by Nailor only to the extent that they are warranted to Nailor by their manufacturer. Electric motor warranties and claims are administered by the motor manufacturer only.
NAILOR SHALL HAVE NO RESPONSIBILITY FOR: (i) the operation or performance of any products in any manner other than that which the product is usually tested and applied under industry standards; (ii) for any damage or repairs to a product necessitated by abuse, misapplication, unauthorized repairs, abrasion, erosion, corrosion, or the like due to abnormal temperatures, or the influence of foreign matter; (iii) for the design or operation of any system of which any product may be made a part, or for the suitability of any product for any particular application; (iv) damages or repairs as a result of improper servicing, unauthorized alteration, faulty installation, failure to perform routine maintenance or improper operation; (v) damage or repairs as a result of flood, wind, fire, lightning, earthquake, snow, ice or other events or conditions beyond the control of Nailor; or (vi) damages or repairs as a result of voltage conditions, blown fuses, open circuit breakers or the inadequacy or interruption of electrical service. Nailor shall have no liability under this warranty until the products are paid for in full. No warranty is included against property damage, personal, or physical injury to any person or persons resulting from handling the product or as a result of improper installation. IN NO EVENT SHALL NAILOR BE LIABLE FOR: (i) any cost or expense, including, without limitation, labor expenses, in connection with removal or replacement of alleged defective equipment or any part or portion thereof; (ii) special, exemplary, incidental or consequential damages, lost profits or lost sales of any kind, including, without limitation, due to delays; or (iii) under any circumstances for any damage beyond the price of the goods sold.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, IN FACT OR IN LAW (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
Purchaser’s acceptance of product shall confirm the purchaser’s review and agreement to be bound by this warranty solely. No other written or oral warranty of the product shall be enforceable by the purchaser. Correction of non-conformities, whether patent or latent, in the manner and within the period of time provided above, shall constitute fulfillment of all liabilities of Nailor whether based on contract, tort, strict liability or other legal theory with respect to Nailor products. Nailor neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the sale of its products. No guarantees, express or implied, other than herein stated or issued in writing by an authorized employee of Nailor shall for any purpose be binding upon Nailor. If any clause or provision of this warranty is illegal, invalid or unenforceable under present or future laws affected during the term of this warranty, then, in that event, the remainder of this warranty shall not be affected thereby.