The Tokheim Company warrants Tokheim goods or equipment to be free from defective materials and workmanship for a period of one year from date of purchase. Any part found to be defective should be returned to the Tokheim Company, Marion, Iowa by prepaid transportation. If part is found to be defective it will be replaced on a no charge basis. Warranty does not cover labor costs of removing part or replacing new part.
Exclusions: Tokheim does not warrant (a) any products, components or parts not manufactured by Tokheim, such products being subject only to such warranties, if any, as made by their respective manufacturer; (b) damage caused by the use of Tokheim products for purposes other than those for which they were designed; (c) damage caused by disasters such as fire, flood, wind and lightning; (d) damage caused by unauthorized attachments or modification; (e) damage during shipment or (f) any other abuse or misuse by the buyer. THE FOREGOING WARRANTIES ARE EXPRESSLY IN LIEU OF OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitations of Remedies: Buyer's sole and exclusive remedy against Tokheim for any claim of any kind, including breach of warranty, negligence, strict liability in tort, and/or any other legal theory shall be for the repair and replacement of defective equipment or parts. In no case shall Tokhiem be liable for any special, incidental, or consequential damages for lost profits, loss of goodwill, loss of use, loss of savings or revenue, cost of capital, cost of any substitute equipment, facilities or services, downtime or the claims of third parties. No person, agent, sales representative, or distributor is authorized to give on Tokhiem's behalf any warranty other than herein expressed or to assume any liability pertinent to the equipment manufactured.
Governing Law: Buyer agrees that Iowa law will govern this agreement and the contract for buyer's purchase of Tokheim products.
Jurisdiction: Buyer agrees that any litigation involving Tokhiem products or otherwise resulting from Buyer's contract for purchase of Tokheim goods or products shall be brought in the Courts of Linn County, Iowa. Buyer agrees to personal jurisdiction in Iowa and waives any obligation thereto.