Shibuya Hoppmann Corporation warrants that each item of its own manufacture delivered hereunder shall, at the time of delivery and for a period of twelve (12) months thereafter, be free from defects in materials or workmanship; and if any such item shall prove to be defective in material or workmanship under normal intended usage and maintenance during the warranty period, upon examination by Shibuya Hoppmann Corporation, then Shibuya Hoppmann Corporation shall repair or replace, at its sole option, such defective item at its own expense; provided, however, that the owner shall be required to ship such defective item, freight prepaid, to Shibuya Hoppmann Corporation's plant in Elkwood, Virginia. The warranty on components not manufactured by Shibuya Hoppmann Corporation, but a part of the system, is limited to the warranty provided by the original manufacturer of said components to the extent, and only to the extent, that such original manufacturer actually honors such warranty.
ALL WARRANTIES HEREUNDER ARE EXPRESSLY LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE ITEMS AS SET FORTH HEREIN, AND IN NO EVENT SHALL SHIBUYA HOPPMANN CORPORATION BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES BY REASON OF ANY BREACH OF WARRANTY OR DEFECT IN MATERIAL OR WORKMANSHIP. SHIBUYA HOPPMANN CORPORATION SHALL NOT BE RESPONSIBLE FOR REPAIR OR REPLACEMENT OF ITEMS WHICH HAVE BEEN SUBJECTED TO NEGLECT, ACCIDENT OR IMPROPER USE, OR WHICH HAVE BEEN ALTERED BY OTHER THAN AUTHORIZED SHIBUYA HOPPMANN CORPORATION PERSONNEL.
THIS WARRANTY IS IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
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