These warranties are in lieu of any other representations, warranties or conditions, express or implied, including any warranty of merchantability and fitness for a particular purpose. Camso’s liability and purchaser’s sole remedy, whether in contract, under any warranty, in tort (including negligence), in strict liability or otherwise shall be limited to the replacement of the tracks on a prorated basis per chart as stated on the front side hereof. Under no circumstances shall Camso be liable for any special, incidental, indirect or consequential damages, including, but not limited to, personal injury, property damage, damage or loss of equipment, lost profits or revenue, costs of renting replacements and other additional expenses, even if Camso has been advised of the possibility of such damages.
In the event the above limitations or exclusions are not applicable, Camso liability and purchaser’s exclusive remedy will be limited to payment by Camso of actual damages not to exceed the amount paid for the track. If otherwise applicable, the Vienna Convention (contracts for the international sale of goods) is excluded in its entirety. Certain jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on how long an implied warranty lasts or length of time within which you may bring action, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from one jurisdiction to another.
No person, agent, distributor, dealer or company is authorized to change, modify or extend the terms of these warranties in any manner whatsoever. The time within which an action must be commenced to enforce any obligation of Camso arising under this warranty or under any statute or law, is hereby limited to one year from the date you discover or should have discovered the defect. This limitation does not apply to implied warranties arising under the law.
To find the location of the nearest Camso dealer or other authorized repair facility or if you have questions concerning these warranties, visit: camso.co