CHS private label lubricants warranty
This private label lubricants warranty is provided by CHS Inc. (“CHS”) to purchasers of CHS private label lubricants (“Users”). Subject to the following provisions, CHS warrants to Users that the private label lubricants provided to Users by CHS are suitable and fit for use in engines, machinery and/or other equipment and that such lubricants will not cause failure or excessive wear when used according to manufacturers’ published recommendations and the recommendations of manufacturers of the engines, machinery and/or other equipment parts covered by this warranty.
This warranty does not apply if the lubricants have been mixed with other brands or grades nor if adulterated with additional materials.
CHS does not warrant failure of any engine, machinery or other equipment caused by, or resulting from, directly or indirectly: (i) use of products other than the private label lubricants provided to Users by CHS, (ii) lack of recommended maintenance or failure to take recommended corrective action promptly, (iii) use of any engine, machinery or other equipment for a purpose other than that for which it was designed, (iv) unauthorized or improper modification or repair of any engine, machinery or other equipment, (v) any other abuse or misuse of the engine, machinery or other equipment.
The foregoing warranties are exclusive of all other warranties, whether written, oral or implied, and except for the foregoing, CHS MAKES NO WARRANTIES OF ANY KIND AS TO THE LUBRICANTS INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Users’ exclusive remedy for any and all losses or damages arising from a claim of breach of warranty shall be limited to the replacement value of the failed internal part or parts of the engine, machinery or other equipment. UNDER NO CIRCUMSTANCES SHALL CHS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON ANY LEGAL THEORY INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE OF EQUIPMENT, COST OF ANY SUBSTITUTE EQUIPMENT, DOWNTIME AND COST OF HAULING.