INDUSTRIAL PRODUCTS WARRANTY - FILTERS
Clark Filter, Inc. (“Clark”) warrants each new Clark filter properly installed in a recommended application: (i) will be free from defects in material and workmanship upon delivery; and (ii) will operate in accordance with its applicable specifications for the duration identified in the specifications, or if not identified, for the duration of the filter service interval recommended by the engine manufacturer (collectively, the “Warranty”).
Subject to compliance with the procedure below, Clark will replace any new Clark filter that does not meet the Warranty for the specified duration. In addition, if the failure of a new Clark filter under the Warranty directly causes damage to the engine on which it was installed, Clark will pay repair costs (i.e., the actual, direct damages) necessary to restore the engine to its condition immediately prior to the damage.
Claims under the Warranty must be made as follows:
(a) Notice of the filter failure must be given to Clark in writing promptly following discovery.
(b) The filter must be made available to Clark for inspection before it is opened or otherwise tampered with.
(c) The damaged engine and parts must be made available for inspection as discovered and before repairs are made.
(d) The service records for the engine must be made available for inspection and copy.
This Warranty will not apply to any filter which is not installed, changed or serviced in accordance with the engine manufacturer’s recommendations or which is abused, misused or damaged. This Warranty will also not apply to filters that are acquired from a source other than Clark or a distributor or reseller that is not expressly authorized by Clark to sell Clark filters.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, ALL OF WHICH ARE HEREBY DISCLAIMED IN FULL. IN ADDITION, CLARK SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES FOR ANY REASON.