Mountain Home Republican. [volume] (Mountain Home, Idaho) 1915-1946, 1916-03-11

ABOVE pTOflueu, Ins COupauy W oShu
representative to remedy said diff
Guilty, Tor to suggest an efficient
J remedy by maiD OF if, upon its at
J tempt TO remedy the same, the ma
chinery cannot be made to fill the
warranty, the part that fails Is to be
returned Immediately by the purchased
free OF charge to the place where 1t
was received, and the Company nou-
fled thereof; whereupon the Company
shall have the option either to fur
nish another machine, or part, in
place OF the one SO returned, which
shall fill the warranty, or return the
notes, or money received for the
machine or part so returned, and
the contract shall be rescinded to.that
extent, and no further claim made
on the Company. Failure SO to make
such trial or give such notices in any
respect, shall be conclusive evidence
OF due fulfillment of warranty on the
part of said Company and that the
machinery is satisfactory to the pur-
chasers, and the Company shall be
released from all liability under the
warranty Amy assistance rendered by
the Company, its representative or
servants in operating said machinery
or in remedying any actual or alleged
defects, either before or after the ten
days trial, shall in no case be deemed
: any waiver of, or excues for any
failure of the purchaser to fully keep
and perform the conditions OF this
warranty. When at the request OF
purchaser man is sent to operate
the above machinery, which Is found
= to have been carelessly or improperly
handled, said Company, putting same
4 in working order again, the expense
incurred by J. |. CASE T. M. COM
PANY shall be paid by said pur-
chaser. If any part of the machin-
cry excepting betting, which is not
!, warranted) fail, from defect OF ma
, terial, while this warranty is In
fore, or during its first years use
G the Company has the option TO repair
q or replace the same or furnish to
[. thep urchaser free OF charge on
= presentation of the defective part or
parts, but deficiency or defect in any
e piece shall not condemn other parts
=. and purchaser expressly waive al
/ claim for damages on account OF the
d non-fulfillment of said warranty by
" any of the above described machiner!
ar Each machine and attachment LIS or
n dered at a separate fixed price
# which price, unless otherwise spa
I'd cially agreed, bears the same ratio t.
the aggregate price above specific
c. as the Company's 1916 list price c
al each said machine and attachmen
rt bears to the aggregate list price
n ALL machines and attachments. Til
h order is Invisible as to each machin
le and attachment ordered, and the fai
ure of any separate machine or a.
er tachment to fill the warranty sha
"A not effect the liability OF the pul
d chaser for any other machine or a.
} tachment hereby ordered. Should an
!. machine or attachment be subteC
to return under this order, 1t sha
h be returned at the separate ike
price at which it was sold as aboV
I provided, and secondhand machiner
or other property taken In trade Sha
b. not be taken into account. Except a
expressed herein the Company make
b. no warranties, nor shall any warraI
ties be implied.
st Amy breach of this warranty or am
d omission ON the part Of the Compan
J.. does not confer any right Of damag
d for delay or loss of work or eau
d ings, or to other damages, and sha
ID not effect the rights of the partie
i with respect to any other machiner
d sold the purchaser or any warrant
er of such other machinery and no caus
ID of action arising out Of this contrac
v or transaction shall be offset or counte
Us claimed against any liability of tn
1t purchaser out of this or any othe
1T contract or transaction. In no even
ID shall the Company be liable othel
I'd wise than for the return Of cas-
and notes actually received by It,
N Failure to fully settle on deliver
10 as above provided or to comply wit
he any Of the conditions of this warrant
ON the purchaser g part, or an
ID changes In the printed terms {
Q, this warranty or the conditions Their
I'd of by any person whomsoever, ager
no or otherwise, by addition, erasure c
Is, waiver, or amy abuse, misuse, unne'
ID essary exposure of machinery, or wa
ID committed or suffered by the purcha
lie ers, discharges the Company from a
IL warranty whatever. No represents
IL ton made by any person as an ID