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23
WARRANTY
WASTEQUIP PRODUCT LIMITED WARRANTIES,
DISCLAIMERS OF WARRANTIES, LIMITATION OF LIABILITIES
AND REMEDIES, AND LIMITED WARRANTY PERIODS
Galbreath is a wholly owned Wastequip Company.
Wastequip
warrants only Products of its manufacture that are sold by
Wastequip or by a Wastequip authorized distributor, for normal
and intended use and service and for specific periods against
operational failure caused by proven defective material or
workmanship. Wastequip’s obligations under this warranty
are limited to the repair, replacement or credit, as hereinafter
provided at its option, of such Product and/or parts and
components thereof. For products, parts and/or components
manufactured or supplied by other parties (including but
not limited to engines, motor vehicles, special equipment,
accessories, tires and fittings), Wastequip shall endeavor to
provide such third-party manufacturer warranties, as applicable
and to the extent such warranty is transferrable or assignable.
All express or implied warranties are limited to those expressly
provided herein; and Wastequip makes no other warranty or
other duty of its own on any Product, including those warranted
by any such third party, and expressly disclaims and does not
obligate itself to any warranty on any Product, unless it delivers
to Buyer a separate written certificate specifically warranting the
Product. Buyer’s must complete a Product Warranty Registration
Form, where applicable (retaining a copy for Buyer’s records) and
provide proof of purchase or ownership.
Specific warranty periods are listed herein. Repair or replacement
does not extend the warranty beyond the original period, and
repaired or replaced parts are warranted for the balance of the
original warranty period for the original part. Some states do
not allow limitations on how long an implied warranty lasts, the
exclusion or limitation of incidental or consequential damages,
and any such limitations will conform these Wastequip warranties
thereto (Buyers may also have other specific rights which vary
from state to state)
Wastequip does not warrant or make any representations
concerning Product when the Product is not installed and/or
used in strict accordance with good installation, service and
maintenance practices or operating instructions. Wastequip does
not warrant Product that has been altered, disassembled or re-
designed; improperly installed, serviced, maintained, handled or
repaired; combined with unapproved non-Wastequip products
without Wastequip authorization; contaminated with or exposed
to oil, grease, water (including salination), chemicals or solvents;
damaged or fails to perform as a result of accident, acts of
God, lack of reasonable and proper protection during storage
or use, overheating, negligence, misuse, vandalism, loading or
exceeding the manufacturer’s rated or recommended capacity;
damage from automated grasper; in contravention of specifically
excluded use or any other unauthorized use other than originally
intended, authorized, instructed or beyond the control of
Wastequip. This warranty does not apply to normal operating
costs and adjustments, including but not limited to adjusting
pressure settings, limit switches, timers, relays, fuses, loss of
hydraulic oil, cable or filter replacement or normal cosmetic or
mechanical wear and tear. Wastequip does not warrant any used
Products, which are sold “as is” unless otherwise expressly
noted by Wastequip. Further, Wastequip does not warrant any
Products that have had serial numbers removed, altered or
defaced. Wastequip shall have no liability for any special, punitive,
incidental, liquidated or consequential damages, including but not
limited to loss of profits, damages to other parts or equipment,
cost of capital or interest, any claim for labor charges incurred
in diagnosing or replacing a defective Product, towing charges,
travel costs, meals, lodging, telephone charges, fuel, storage,
loss of use, loss of hydraulic oil, unauthorized repairs, or injury
to person or property, to the maximum extent allowable under
applicable law. If Wastequip, without separate compensation
therefore, furnishes Buyer, Buyer’s customer or end user with
advice or other assistance concerning any Product or equipment
in which the Product may be installed, the furnishing of such
advice or assistance will not subject Wastequip to any liability
whether in contract, tort (including negligence and strict liability)
or otherwise. If any sample, model or demonstration was shown
to or provided Buyer, such sample, model or demonstration
merely illustrates the general type and quality of Product,
and is not to be construed as a representation. If Wastequip
authorizes any labor costs associated herewith, such will be
solely in accordance with Wastequip established labor rates.
Authorization for repairs or related work on Products other
than at a Wastequip facility or authorized service center must
be through prior written consent by Wastequip; failure to
obtain such prior consent shall void this warranty. All claims
for reimbursement must be filed with proper documentation
no later than forty-five (45) days after occurrence. Travel is not
covered in the standard mobile product warranty.
As the exclusive remedy, in accordance with the Wastequip
Terms and Conditions of sale and provided such Product is
manufactured by Wastequip and deemed by Wastequip to
be defective, Wastequip shall, at its sole option (i) repair or
replace the defective Product, parts or component(s) thereof
at our factory or elsewhere (in our discretion); (ii) provide Buyer
with a credit on its account in an amount equal to the original
purchase Price of the defective Product; and/or (iii) require that
Buyer tender any such claims to the third party manufacturer or
supplier of the Product, as applicable, upon which Wastequip
may endeavor to assist Buyer or Buyer’s customer in resolution.
Wastequip will accept warranty claims only from the Buyer or in
the event of Buyer’s resale, redistribution, installation or other
similar action, unless otherwise noted, from Buyer’s customer,
end user or third party that directly purchased the Product
through a legitimate action. Wastequip reserves the right to
