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LIMITED WARRANTY AND LIMITATION OF LIABILITY
Horner APG,LLC. (“HE-APG”) warrants to the original purchaser that the (PRODUCT) manufactured by HE-APG is free from defects in material and workmanship under normal use and service. The obligation of HE-APG under this warranty shall be limited to the repair or exchange of any part or parts which may prove defective under normal use and service within two (2) years from the date of manufacture or eighteen (18) months from the date of installation by the original purchaser whichever occurs first, such defect to be disclosed to the satisfaction of HE-APG after examination by HE-APG of the allegedly defective part or parts.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE AND OF ALL OTHER OBLIGATIONS OR LIABILITIES AND HE-APG NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR HE-APG, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF THIS (PRODUCT) Modules. THIS WARRANTY SHALL NOT APPLY TO THIS (PRODUCT) OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. HE-APG MAKES NO WARRANTY WHATSOEVER IN RESPECT TO ACCESSORIES OR PARTS NOT SUPPLIED BY HE-APG. THE TERM “ORIGINAL PURCHASER”, AS USED IN THIS WARRANTY, SHALL BE DEEMED TO MEAN THAT PERSON FOR WHOM THE (PRODUCT) IS ORIGINALLY INSTALLED. THIS WARRANTY SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE CONTINENTAL UNITED STATES.
In no event, whether as a result of breach of contract, warranty, tort (including negligence) or otherwise, shall HEAPG or its suppliers be liable of any special, consequential, incidental or penal damages including, but not limited to, loss of profit or revenues, loss of use of the products or any associated equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, or claims of original purchaser’s customers for such damages. To obtain warranty service, return the product to your distributor with a description of the problem, proof of purchase, post paid, insured and in a suitable package.