MILLER INDUSTRIES TOWING EQUIPMENT INC., hereinafter referred to as MILLER, warrants to the original purchaser that each new MILLER wrecker or other MILLER products will be free from defects in material and workmanship for a period of twelve (12) months from date placed in service, but in no event shall such warranty period exceed twenty-four (24) months from date of manufacture by MILLER. The purchaser must promptly notify MILLER in writing of any failure in material or workmanship. In no event shall MILLER accept such notification later than twenty-four (24) months from date of delivery or twelve (12) months from date placed in service, whichever is earlier.
MILLER's obligation under this warranty, statutory or otherwise, is limited to the repair or replacement at the MILLER factory, or at a point designated by MILLER, of such part or parts as shall appear upon inspection by MILLER to be defective in material or workmanship. New or remanufactured parts will be used for any replacement at MILLER's option. This warranty is not transferable. This warranty does not obligate MILLER 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 MILLER.
EXCEPT AS EXPRESSLY SET FORTH IN THIS WARRANTY, MILLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND HERBY DISCLAIMS ALL OTHER WARRANTIES INCLUDING, BUY NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MILLER shall in no event be liable for claimed downtime, claimed loss of profits for goodwill, for any other special, incidental, indirect, or consequential damages concerning or relating to any product or parts, whether based 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 MILLER know or had reason to know about at the time of sale.
MILLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE FINISHED PRODUCTS MANUFACTURED OR SUPPLIED BY ANOTHER MANUFACTURER AND SUPPLIED BY MILLER TO PURCHASER, including, but not limited to, any vehicle to which a MILLER product may be affixed or any accessories or wire rope, and MILLER EXPRESSLY DISLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO SUCH EQUIPMENT OF RPRODUTS. 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 of suppliers. MILLER shall, to the extent permitted under applicable law, pass on to the purchaser such manufacturer's or seller's warranty.
MILLER, 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 in 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 limitations:
A. Normal deterioration of trim, paint, lettering, and appearance items due to wear or exposure to weather, road conditions, read 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. Altercations or modifications that affect performance, operations ore reliability.
D. Normal maintenance parts including, but not limited to, wear pads, bushings, wire rope, mud flaps, fenderettes, light blubs, hydraulic oil, filters, and tow sling belts.
IT IS EXPRESSLY UNDERSTOOD THAT MILLER MAKES NO IMPLIED WARRANTY THAT MILLER PRODUCTS SHALL BE FIT FOR THE PURPOSE OF LIFTING OR MOVING PEOPLE OR FOR ANY OTHER IMPROPER USE.
