SCOPE OF WARRANTY
Midmark Corporation (“Midmark”) warrants to the original retail purchaser that it will repair or replace components of the modular casework products manufactured by Midmark (except for components not warranted under “Exclusions”) that are defective in material or workmanship under normal interior use and service. Midmark's obligation under this warranty is limited to the repair or replacement, at Midmark's option, of the
APPLICABLE WARRANTY PERIOD
The applicable warranty period, measured from the date of delivery to the original user, shall be as follows:
(a) Five (5) years for all Midmark brand modular casework products and components (except for the products and components listed in (c) and (d), and except for components not warranted under “Exclusions”), including door and drawer fronts, castors and electrical components such as task lights and cords.
(b) Three (3) years for all Ritter brand modular casework products and components (except for the products and components listed in (c) and (d), and except for components not warranted under “Exclusions”), including door and drawer fronts, castors and electrical components such as task lights and cords.
(c) Three (3) years for task light ballasts.
(d) One (1) year for plastic laminate top surfaces and accessories.
OBTAINING WARRANTY SERVICE
Warranty service must be obtained through either Midmark or an authorized dealer in the Midmark product line for which warranty service is requested. Midmark may be contacted for warranty service inquiries or issues via email at www.midmark.com, by phone at 1-800-MIDMARK, by facsimile at 1-800-365-8631 or by mail to Midmark Corporation, 60 Vista Drive, PO Box 286, Versailles, Ohio 45380.
It is the retail purchaser’s obligation to arrange for delivery of a product to Midmark or one of its authorized dealers for warranty service, which delivery shall be at retail purchaser’s expense. It is also the retail purchaser’s obligation to comply with the warranty service instructions provided either by Midmark or its authorized dealer. The retail purchaser must provide Midmark with completed warranty registration information within thirty (30) days after purchase in order to obtain the benefits of this warranty.
This warranty does not cover sinks, faucets and plumbing accessories. Any warranties on these items are extended directly by the manufacturer of these items to the original purchaser. Information on these manufacturers' warranties will be enclosed with the applicable products. Also, Midmark will furnish copies of any of the warranties extended by any such manufacturers upon request.
This warranty does not cover and Midmark shall not be liable for:
(1) defects, damage or other conditions caused, in whole or in part, by misuse, abuse, negligence, alteration, accident, freight damage, tampering or failure to seek and obtain repair or replacement in a timely manner;
(2) matching of color, grain or texture except to commercially acceptable standards;
(3) changes in color caused by natural or artificial light;
(4) products which are not installed, used and properly cleaned and maintained as required in the Midmark “Installation” and/or “Installation/Operation” Manual for the applicable product;
(5) specially manufactured products;
(6) products considered to be of a consumable nature, such as light bulbs and surge suppression products;
(7) accessories or parts not manufactured by Midmark;
(8) charges by anyone (including Midmark's authorized casework dealers) for adjustments, repairs, replacement parts, installation or other work performed upon or in connection with such products which are not expressly authorized in writing in advance by Midmark; and
(9) costs and expenses of routine maintenance and cleaning; and
(10) representations and warranties made by any person or entity other than Midmark.
EXCLUSIVE REMEDY; CONSEQUENTIAL DAMAGES DISCLAIMER
MIDMARK'S ONLY OBLIGATION UNDER THIS WARRANTY IS THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS. MIDMARK SHALL NOT BE LIABLE FOR AND HEREBY DISCLAIMS ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR DELAYS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT OR INCOME, LOSS OF USE, DOWNTIME, COVER
No person or firm is authorized to create or approve for Midmark any other obligation or liability in connection with the products.
THIS WARRANTY IS MIDMARK'S ONLY WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. MIDMARK MAKES NO IMPLIED WARRANTIES OF ANY KIND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS.
STATUTE OF LIMITATIONS
No action may be brought against Midmark for breach of this limited warranty, an implied warranty, if any, or for any other claim arising out of or relating to the products, more than ninety (90) days following