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Alvan Truck Bodies Inc. (herein
called the "Company") warrant to Distributor and/or to
original purchaser for use, that it will repair F.O.B.
its factory in Mississauga, Ontario or furnish without
charge, freight prepaid, a similar genuine part to
replace any part of any Truck body sold (herein called
the "Truck Body") by the Company which, within sixty
(60) months after the date of sale by Distributor is
proven to the satisfaction of the Company to have been
defective at the time it was sold, provided that all
parts claimed shall be returned, properly
identified, to said factory, freight prepaid.
Charges for labour to install such parts shall be paid
only with respect to parts which (within sixty (60)
Months after the date of sale by Distributor) are proven
to the satisfaction of the Company to have been
defective at the time they were sold and shall be paid
in accordance with the Company's Flat Rate Schedule and
will be reimbursed at a rate to be set by the company
from time to time. This warranty shall be in
effect as of October 1, 1996 and will cover only Truck
Bodies sold after that date. The Company's
obligation under this warranty shall not include any
costs incurred by anyone for consequential damages in
any form and, in particular, without restricting the
generality of the foregoing, shall not include cost for
vehicle towing, road calls or travel time. This
warranty is expressly in lieu of all other warranties,
expressed or implied, upon which Truck Bodies are sold.
No other warranty has been made or exists.
This warranty applies only to new and
unused Truck Bodies which, after installation from said
Company, have not been altered, changed repaired or
treated in any manner whatsoever. No warranty of
any kind applies to Truck Bodies, or parts thereof,
which have been damaged or have failed because of
neglect, lack of maintenance, or service, wear, misuse,
overloading, or truck accident. THE INTEGRAL PARTS
OF THE TRUCK BODY (TAILGATE LOADERS, ROLL-UP DOORS ETC.)
NOT MANUFACTURED BY THE COMPANY ARE COVERED ONLY BY THE
STANDARD WARRANTY, IF ANY, OF THE MAKER OF SAME AND THE
CAMPANY ASSUMES NO RESPONSIBILITY WITH RESPECT THERETO.
No person has any authority to change this warranty in
any manner whatsoever and no attempt to repair or
promise to repair or improve, any Truck Body made by any
representative to the Company shall waive any provision
or term of this warranty, or charge or extend this
warranty in any manner whatsoever.
No claim under tis warranty shall
be valid unless such claim is submitted to the Company
in writing and received by the Company withing Sixty
(60) months after date of sale by Distributor or withing
thirty (30) days after the discovery of the defect which
is the basis of such claim, whichever event shall occur
first.
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