ZIPíS TRUCK EQUIPMENT, INC., hereinafter referred to as ZIPS, warrants to the original purchaser that each ZIPS Smart BodyTM or other ZIPS products will be free from defects in material and workmanship for a period of twelve (12) months from the date placed in service, but in no event shall such warranty period exceed twenty-four (24) months from the date of manufacture by ZIPS. The purchaser must promptly notify ZIPS in writing of any failure in material or workmanship. In no event shall ZIPS accept such notification later then twenty-four (24) months from the date of delivery or twelve (12) months from the date placed in service, whichever is earlier.
ZIPS obligation under this warranty, statutory, or otherwise, is limited to the repair or replacement at the ZIPS Manufacturing Facility, or at a point designated by ZIPS, of such part or parts as shall appear upon inspection by ZIPS to be defective in material or workmanship. New or remanufactured parts will be used for any replacement at ZIPS option. This warranty is not transferable. This warranty does not obligate ZIPS to bear the cost of labor or transportation charges in connection with the repair or replacement of any parts found to be defective, nor shall it apply to a product upon which repairs or alterations have been made unless authorized by ZIPS.
EXCEPT AS EXPRESSLY SET FORTH IN THIS WARRANTY, ZIPS MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZIPS shall in no event be liable for claimed downtime, claimed loss of profits or goodwill, or any other special, incidental, indirect, or consequential damages concerning or relating to any product or parts, whether based on negligence, strict liability, breach of contract, breach of warranty, misrepresentation or any other legal theory, regardless of whether the loss resulted from any general or particular requirement which ZIPS knew or had knowledge of at the time of sale.
ZIPS MAKES NO WARRANTY, EXPRESSED OR IMPLIED, AS TO THE FINISHED PRODUCTS MANUFACTURED OR SUPPLIED BY ANOTHER MANUFACTURER AND SUPPLIED BY ZIPS TO PURCHASER, including, but not limited to, any vehicle to which a ZIPS product may be affixed or any accessories or wire rope, and ZIPS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHATABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO SUCH EQUIPMENT OR PRODUCTS. This language shall in no way affect or diminish the rights of the purchaser to rely on such warranties as are extended by such manufacturers or suppliers. ZIPS shall, to the extent permitted under applicable law, pass on to the purchaser such manufacturerís or sellerís warranty.
ZIPS, whose policy is one of continuous improvement, reserves the right to improve its products through changes in design or materials as it may deem desirable without being obligated to incorporate such changes into products previously sold. This warranty is not intended to cover or include the following items, which are set forth by way of example and not limited to:
a. Normal deterioration of trim, paint, lettering, and aesthetic items due to wear or exposure to weather, road conditions, road treatments, etc.
b. Any damage or defect due to accident, misuse, abuse, improper or unauthorized repairs, failure to provide reasonable and necessary maintenance, or uses for which the equipment was not designed or intended.
c. Alterations or modifications that affect performance, operation, or reliability.
d. Normal maintenance parts including, but not limited to, mud flaps, fenderettes, and light bulbs.
IT IS EXPRESSLY UNDERSTOOD THAT ZIPS MAKES NO IMPLIED WARRANTY THAT ZIPS PRODUCTS SHALL BE FIT FOR THE PURPOSE OF MOVING PEOPLE OR FOR ANY OTHER IMPROPER USE.