Special Tool - Warranty Information

REF. NO. MBNA 58/38

TO: OUR MERCEDES-BENZ PASSENGER CAR DEALERS

DATE: April 1989

SUBJECT:
SPECIAL TOOL LIMITED WARRANTY

Mercedes-Benz of North America, Inc. (MBNA) warrants each special tool purchased from it to be free from defects in material and workmanship for a period of twelve (12) months from the date of purchase by the original purchaser. MBNA will repair or replace, at its sole discretion, any assembly or parts found to be defective in material or workmanship during this limited warranty period upon inspection by an authorized Mercedes-Benz representative. This limited warranty shall not apply to those special tools which are covered by a separate warranty issued by the individual manufacturer.

This limited warranty shall not apply to any special tools which have been subject to accident, misuse, negligence, improper maintenance, modification or unauthorized repairs by someone other than MBNA or authorized representatives of the specific tool manufacturer. Also excluded from this limited warranty are parts which are subject to normal maintenance services and normal wear and tear, e.g. light bulbs, fuses and filters.

THIS IS THE ONLY WARRANTY GIVEN WITH THE PURCHASE OF MERCEDES-BENZ SPECIAL TOOLS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. THIS REMEDY SHALL BE THE EXCLUSIVE REMEDY AVAILABLE FOR ANY DEFECTS IN THE SPECIAL TOOLS MANUFACTURED AND/OR SOLD BY MBNA OR FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM ANY OTHER CAUSE WHATSOEVER, INCLUDING THE NEGLIGENCE OF MBNA.

MBNA, SHALL IN NO EVENT BE LIABLE FOR PAYMENT OR OTHER COMPENSATION FOR INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING, DAMAGE OR INJURY TO PERSON OR PROPERTY OR LOSS OF REVENUE WHICH MIGHT BE PAID, INCURRED OR SUSTAINED BY REASON OF THE FAILURE OF ANY PART OR ASSEMBLY WHICH MAY BE REPAIRED OR REPLACED IN ACCORD WITH THE TERMS OF THIS WARRANTY OR THE NEGLIGENCE OF MBNA.

THIS LIMITED WARRANTY IS NOT APPLICABLE TO SPECIAL TOOLS, COVERED UNDER SEPARATE WARRANTY BY THE RESPECTIVE MANUFACTURER. BUYER SHALL BE LIMITED TO THE WARRANTIES ISSUED BY SUCH MANUFACTURER.

This exclusive remedy shall not be deemed to have failed of its essential purpose so long as MBNA is willing and able to repair or replace said defective products or parts in the prescribed manner.