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Mack Corporation warrants to the original equipment manufacturers and industrial users of its products that each new product manufactured and supplied by Mack Corporation shall be free from defects in material and workmanship. Mack Corporation's obligation under this warranty is limited to furnishing, without additional charge, a replacement or, at its option, repairing or issuing credit for any product which shall within 90 days from the date of sale be returned freight prepaid to the factory and which upon inspection is determined by Mack Corporation to be defective in material or workmanship. Written authorization must be obtained from Mack Corporation prior to return of a product and complete information as to operating conditions, installation and application must accompany any product returned for inspection. The provisions of this warranty shall not apply to any Mack Corporation product which has been subjected to misuse, improper installation or operating conditions, or which has been repaired or altered if such repair or alteration in the judgment of Mack Corporation would adversely affect performance or safety of the product.
This warranty is in lieu of all other warranties, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose and is also in lieu of all other obligations or liabilities on the part of Mack Corporation, including any obligation or liability arising from contract, tort, or otherwise for damages whether direct, indirect or consequential. There are no other warranties, expressed or implied, made by Mack Corporation except the warranty against defects in materials or workmanship set forth and Mack Corporation neither assumes nor authorizes any other person or firm to assume for it any obligation or liability in connection with Mack Corporation products.
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