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(b) defective part(s) being held by You until disposal or return has been authorized in writing by Bucher Municipal. For the <br />avoidance of doubt, if any of the foregoing conditions are not met, then there is NO WARRANTY. <br />Bucher Municipal's sole and exclusive obligation under this Limited Warranty (and Your sole and exclusive remedy) shall <br />be, upon prompt written notice by You to Your authorized Bucher Municipal dealer of any claim or breach during the <br />applicable warranty period, to either, at Bucher Municipal's option, repair or replace without charge, any Product or <br />Bucher Municipal -branded part found by Bucher Municipal to be covered by and in breach of this Limited Warranty. <br />Notice of any warranty claim or request for warranty service should be sent to the Bucher Municipal -authorized dealer that <br />sold the Product to You, or any other person authorized by Bucher Municipal in writing. It is Your responsibility to perform <br />the recommended maintenance at the intervals outlined in the applicable Product manual or in accordance with other <br />written instructions provided by Bucher. You will be responsible for transportation of the Product to and from an <br />authorized dealer's place of business. <br />Any assistance Bucher Municipal provides to or procures for You outside the terms, limitations or exclusions of this <br />warranty will not constitute a waiver of the terms, limitations or exclusions of this Limited Warranty, nor will such <br />assistance extend or revive the warranty. <br />Bucher Municipal will not reimburse You for any expenses incurred in repairing or replacing any defective Products, <br />except for those incurred with Bucher Municipal's prior written permission. <br />This warranty gives You specific legal rights, and You may also have other rights which vary from state to state. <br />THE EXPRESS WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS <br />WARRANTIES. BUCHER MUNICIPAL HEREBY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED <br />WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR <br />FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE EXCLUSION <br />OF IMPLIED WARRANTIES, THE DURATION OF ANY APPLICABLE IMPLIED WARRANTY IS LIMITED TO THE <br />PERIOD SPECIFIED FOR THE EXPRESS WARRANTY CONTAINED HEREIN. Any oral or written description of the <br />Products is for the sole purpose of identifying the Products and is not an express warranty. No person is authorized to <br />make any other warranty or assume for Bucher Municipal any liability not strictly in accordance with this Limited Warranty. <br />Prior to using or permitting use of the Products, You agree to determine the suitability of the Products for the intended use <br />and further agree to assume all related risk and liability. You agree that Bucher Municipal has no post -sale duty to warn <br />You or any other party about any matter. <br />YOU AGREE THAT BUCHER MUNICIPAL WILL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT <br />OR SPECIAL DAMAGES. BUCHER MUNICIPAL'S AGGREGATE LIABILITY WITH RESPECT TO ANY PRODUCT AND <br />THIS CONTRACT SHALL BE LIMITED TO THE MONIES RECEIVED BY BUCHER MUNICIPAL FOR THE PRODUCT(S) <br />GIVING RISE TO THE CLAIM. Some states do not allow the exclusion or limitation of incidental and consequential <br />damages, so the above limitation or exclusion may not apply to You. <br />Whenever possible, each provision of this Limited Warranty shall be interpreted in such manner as to be effective and <br />valid under applicable law, but if any portion is deemed invalid or unenforceable, the remaining portions shall still be <br />enforceable. <br />AprIl 2020 <br />