Warranty

W. E. S. Enterprises L.P. warrants that the Product sold to be free from defects in materials and workmanship under normal use and service for a period of 90-days from date of invoice. If any Product proves to be defective within such warranty period, the customer must return the defective Product to W.E.S. W.E.S., at its sole discretion, will repair, replace, or adjust the defective Product, provided that W.E.S. investigation and factory inspection disclose that(a) such defect developed under normal and proper use and (b) the Product is covered under this warranty. Repair, replacement, or adjustment of defective Products shall be W.E.S.’ sole obligation and the customer’s sole remedy hereunder. The customer is liable and shall pay for shipment of the Products to and from the authorized W.E.S. service facility. W.E.S. shall not be obligated to perform preventive maintenance, installation, deinstallation, relocation, or maintenance. W.E.S. reserves the right to (i) use reconditioned, refurbished, and /or serviceable used parts (that meet W.E.S. quality assurance standards) for warranty or any other repairs and (ii) make any internal or external design and /or feature changes on or to any product sold without any liability to incorporate such changes on or to the Products.


Excluded from this warranty and not warranted by W.E.S. in any fashion, either expressed, implied, or by statute, are:

a) Any product which has been disassembled, repaired, tampered with, altered, changed, or modified by persons other than W.E.S. own authorized service personnel unless repair by others is made with the written consent of W.E.S;
b) Defects or damage to the Product resulting from wear, tear, misuse, negligence, improper storage, non-performance of scheduled operator and maintenance items.

EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, W.E.S. MAKES NO AND DISCLAMES ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, CONCERNING THE PRODUCTS INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR CONCERNING ANY PATENTS OR TECHNOLOGY USED OR INCLUDE THERIN. IF ANY IMPLIED WARRANTIES APPLY AS A MATTER OF LAW, THEY ARE LIMITED IN DURATION TO THE LENGTH OF THIS WARRANTY, ALL GUARANTIES, WARRANTIES, CONDITIONS, AND REPRESENTATION WHATSOEVER, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, ARE HEREBY EXPRESSLY EXCLUDED. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATON OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMER MAY NOT APPLY. THE CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHT OR REMEDIES THAT VARY FROM STATE TO STATE. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT W.E.S. SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT THE CUSTOMER MAY INCUR FROM DELAYED SHIPMENT, PRODUCT FAILURE, PRODUCT DESIGN, SELECTION, OR PRODUCTION OR FROM ANY OTHER CAUSE, WHETHER LIABILITY IS ASSERTED IN CONTRACT, (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) OR OTHERWISE. IN NO EVENT SHALL W.E.S. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGE OF ANY KIND ( INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF USE), WHETHER OR NOT W.E.S. SHALL BE OR SHOULD BE AWARE OF THE POSSIBILITY FOR SUCH POTENTIAL LOSS OR DAMAGE.

Representations and warranties made by in person, including dealers and representatives of W.E.S., which are inconsistent or in conflict with the terms of this warranty, shall not be binding upon W.E.S. unless reduced to writing and approved by an expressly authorized officer of W.E.S.


This warranty is the complete and exclusive statement of warranty which W.E.S. agrees to provide with respect to the Products and it shall supersede all prior and cotemporaneous oral or written agreements, understandings, proposals, and communications pertaining to the subject matter hereof.


This warranty is exclusively for the benefit of the original customer and cannot be transferred or assigned.