Versacart Systems, Inc. (“Versacart”) shopping carts, hand baskets, material handling carts and equipment, and specialty items (from this point forward referred to as “Versacart’s products”) have a limited warranty against defects in material and workmanship for a period of one year from date of shipment by Versacart. Versacart will, at its sole option, repair or replace, at a location designated by Versacart, any component(s) of Versacart’s product(s) in question that fail to satisfy this limited warranty. Versacart must receive written notice of any claimed defect during the limited warranty period and no later than thirty (30) days after the appearance of such defects in material and/or workmanship.
This limited warranty shall not apply to any component(s) of the Versacart product(s) in question that have been altered or repaired outside of Versacart manufacturing facility or with other than replacement parts discerned acceptable by Versacart. Any alteration(s) and/or repair(s) must receive written approval by an authorized representative of Versacart prior to such alteration(s) and/or repair(s) being made. Versacart shall have no obligation with respect to any defect or other condition caused in whole or in part by the incorrect use, improper maintenance, or modification of any component(s) of any Versacart product, Versacart shall have no obligation with respect to any repair or maintenance of such product(s) except by persons deemed qualified to do so by Versacart. Responsibility for loss in operating performance or other conditions beyond the control of Versacart cannot and will not be accepted by Versacart.
VERSACART SYSTEMS, INC. MAKES NO OTHER WARRANTIES, AND THE FOREGOING LIMITED WARRANTY OBLIGATIONS ARE IN LIEU OF ALL EXPRESSED AND/OR IMPLIED WARRANTIES OF FITNESS OR MERCHANTABILITY OR OTHERWISE AND STATE VERSACART SYSTEMS, INC.’S ENTIRE LIABILITY, UNDER ANY CIRCUMSTANCE, FOR ANY CLAIM OF DAMAGE VERSACART SYSTEMS, INC. SHALL NOT BE LIABLE BASED UPON ANY CLAIM OF NEGLIGENT DESIGN OR MANUFACUTRE OF ITS PARTS, PRODUCTS, OR EQUIPMENT, OR UNDER ANY OTHER THEORY, THE BUYER’S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT, AT VERSACART SYSTEMS, INC.’S OPTION.
In the event Versacart determines that it can neither repair nor replace nonconforming or defective components, products or equipment the Buyer’s remedy is solely limited to, the return to Versacart of the nonconforming or defective components, products or equipment, and repayment of the original purchase price by Versacart.