NTN / BCA - Limited Warranty
Subject to the terms and conditions contained herein, NTN Bearing Corp. of America (NTN) warrants to the Buyer that for the warranty period indicated below the products sold by NTN that are listed below (the “Products”), when properly installed, maintained and operated, will be free from defects in material and workmanship and shall be fit for the ordinary purposes for which the Products are designed.
BUYER’S LIMITED REMEDIES
This limited warranty defines NTN’s sole and exclusive liability and Buyer’s sole and exclusive remedy for any claim arising out of, or related to, any alleged deficiency in any Product sold by NTN, even if such claim is based on tort (including negligence or strict liability), breach of contract, or any other legal theory. If the Product does not conform to this limited warranty, Buyer must notify NTN or NTN’s authorized service representative within thirty (30) days of discovery of the nonconformity; provided, however, that NTN shall not be liable for any claim for which notice is received by NTN more than thirty (30) days following the expiration of the applicable warranty period for the Product. Upon receipt of timely notification from Buyer, NTN may, at its sole option, modify, repair, replace the Product, or reimburse Buyer for any payment made by Buyer to NTN for the purchase price of the Product.
Products warranted for one (1) year with proof of purchase. Products included in this warranty period are Automotive Aftermarket Wheel Bearings and Automotive Aftermarket Wheel Hubs. The warranty period for each product shall commence on the date the Product is purchased by the end user.
As a condition to NTN’s warranty obligations hereunder and if requested or authorized in writing by NTN, Buyer shall forward to NTN any Product claimed by Buyer as being defective. Buyer shall prepay all transportation charges to NTN’s factory or authorized service center. NTN will bear the cost of shipping any replacement Products to Buyer. Buyer agrees to pay NTN’s invoice for the then-current price of any replacement Product furnished to Buyer by NTN, if the Product that was replaced is later determined by NTN to conform to this limited warranty. NTN shall not be obligated under this limited warranty or otherwise for normal wear and tear or for any Product which, following shipment and any installation by NTN (if required by the contract with the Buyer), has, in NTN’s sole judgment, been subjected to accident, abuse, misapplication, improper mounting or remounting, improper lubrication, improper repair or alteration, or maintenance, neglect, excessive operating conditions or for defects caused by or attributable to the Buyer, including without limitation Buyer’s failure to comply with any written instructions provided to Buyer by NTN. NTN shall be free to conduct such tests, investigations and analysis of the Products returned to NTN, as it deems reasonable and proper in the exercise of its sole judgment. As a further condition to NTN’s obligations hereunder, Buyer shall offer its reasonable cooperation to NTN in the course of NTN’s review of any warranty claim, including, by way of example only, Buyer’s providing to NTN any and all information as to service, operating history, mounting, wiring, or re-lubrication of the Product which is the subject of the Buyer’s warranty claim.
EXCEPT WARRANTY OF TITLE AND FOR THE WARRANTIES EXPRESSLY SET FORTH IN HEREIN, IT IS UNDERSTOOD AND AGREED THAT: (a) NTN MAKES NO OTHER WARRANTY, REPRESENTATION OR INDEMNIFICATION, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (b) IN NO EVENT SHALL NTN BE LIABLE OR OBLIGATED FOR SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT, GENERAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BY WAY OF EXAMPLE ONLY, LOST PROFITS OR SAVINGS, LOSS OF BUSINESS OR LOSS OF USE) OR ANY OTHER LOSS, COST OR EXPENSE IN CONNECTION WITH THE PRODUCTS AND RELATED SERVICES, IF ANY, PROVIDED BY NTN, AND THIS DISCLAIMER SHALL EXTEND AS WELL TO ANY LIABILITY FOR NONPERFORMANCE CAUSED BY NTN’S GROSS OR ORDINARY NEGLIGENCE, AND IN ALL CASES REGARDLESS OF WHETHER OR NOT ANY OF THE FOREGOING WERE FORESEEABLE OR THAT NTN WAS ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, LOSS, COST, OR EXPENSE; AND (c) NO PERSON HAS BEEN AUTHORIZED BY NTN TO MAKE ANY FURTHER OR CONTRARY INDEMNITIES, REPRESENTATIONS OR WARRANTIES ON BEHALF OF NTN. THE FOREGOING LIMITATIONS AND DISCLAIMERS OF LIABILITY SHALL BE MADE APPLICABLE TO THE SALE OF ANY PRODUCT BY NTN TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW.
The exclusive remedies provided in this limited warranty shall not be deemed to have failed of their essential purpose so long as NTN is willing and able to perform to the extent and in the manner prescribed in this limited warranty.