SERVICE 2
AQUATECH OPERATIONS, SERVICE AND PARTS MANUAL
A Product of Hi-Vac Corporation
SERVICE
LIMITED WARRANTY
Hi-Vac® Corporation (the "Company") hereby warrants to that each new X-VAC® Hydro Excavator (the "Unit") will be free of defects in
material and workmanship. This Limited Warranty applies to the original end user and any transferee during the applicable time period,
subject to the following terms and conditions:
1. Time Periods:
The "Standard Warranty Period" is 12 months from date of
delivery to the original end user or 2,000 operating hours,
whichever occurs first. Any Unit which has been used as a
demonstration unit will, upon sale and delivery to the end user,
have the same Limited Warranty as provided for herein.
Special Extended Warranties and Extended Time Periods:
(a) Poly-graphite Tanks Warranty: 10 years against any factory
defect in material or workmanship and LIFETIME against
leakage from corrosion or rust through.
(b) Debris Tanks Warranty: 10 years against any factory defect
in material and LIFETIME against leaks due to corrosion or
rust through.
(c) Water Pump Warranty: 5 years against water pump failure
and/or
factory defect in material or workmanship.
(d) Drive System: 5 years against
drive system failure and/or
any factory defect in material or workmanship. The Drive
System warranty is non-transferrable
2. Exclusive Remedy: The exclusive remedy for any covered warranty
claims is that Company shall repair or replace, or in lieu thereof may
refund the purchase price, at is sole discretion, such defects of such
Unit that the Company's examination discloses to be defective in
material or factory workmanship, at Company's sole discretion. Any
repairs or replacements are to be made at a location approved by
Company (i.e. a selling distributor's location or the Company's facility)
to assure the Unit performs according to its published specifications.
3 The Following Limitations Apply:
(a) This Limited Warranty applies only to the original end user
during the applicable warranty time periods.
(b) Only a Unit which has been subjected to normal use and
preventative maintenance per original Manufacturer
recommendations contained in the Operator's Manuel delivered
with the Unit is covered by this Limited Warranty.
(c) This Limited Warranty shall not apply to (and the Company shall
not be responsible for) any of the following:
items or parts of the Unit that are subject to misuse,
negligence, accident or improper maintenance by end user.
normal maintenance and service adjustments, including, but
not limited to engine valve adjustments, fuel, air and hydraulic
system cleaning, engine tune-up, clutch inspection and
adjustment, etc.
standard consumables and preventative maintenance items
or normal wear parts such as, but not limited to: oils, fluids,
lubricants, hoses, gaskets, fuses, light bulbs, tires, batteries,
belts, etc.
operation of the Unit in a manner or for a purpose not
specifically recommended in writing by the Company.
repairs, modifications or alterations without the express
written consent of the Company, which in the Company's sole
judgment, have adversely affected the Unit's operation,
stability, or functionality as originally designed and
manufactured by Company.
(d) The Unit and supporting equipment may incorporate many
component parts manufactured by companies other than
Manufacturer; including, but not limited to the following: the truck
chassis, engines, compressors,
water pump, exhauster/
vacuum
pump, high pressure water hose, hydraulic pumps, motors and
valves, batteries, drive belts, power take-off, axels, tires,
electrical components and other specialized equipment. This
Limited Warranty does not apply to such component parts or
sub-systems. For equipment and components mentioned in this
section, the end user will address warranty service and support
direct with the original manufacturer or nearest authorized
servicing distributor for such component parts or sub-systems.
While this Limited Warranty does not cover component parts and
sub-systems manufactured by third parties, Company shall
pass-through to end user any warranties (if any) from such
component or sub-system manufacturer to the extent permitted
and simply as a matter of customer service shall make good
faith efforts to provide any relevant information or reasonable
assistance to end user/purchaser
related to contacting such third
party vendors regarding their warranties.
(e) Any repair or replacement made to replace any defects in
material or workmanship of the Unit is warranted solely for the
duration of the unexpired Warranty Period.
No extension of
warranty is made by installation of the new part.
(f) Company reserves the right to request the return of failed or
defective parts or components to Company's factory origin for
evaluation subject to Company's return authorization process
and procedure.
(g) Company will not be responsible or liable for defects, losses,
damages or failures caused by end user's (or any third party's)
unauthorized alternations, use of non-approved parts,
unreasonable use, neglect, abuse, accident, negligent repair or
failure to perform proper maintenance.
(h) It is the responsibility of the end user to report warranty claims in
a timely manner. Damages resulting from failure to report such
claims promptly are not covered under this warranty.
(i) The term "LIFETIME" means and applies to the original end user
only and covers only the original end user's ownership period.
4. No Other Warranties. There are no other warranties made by
company with respect to the Units, expressed or implied, other than
the limited warranty as set forth above. This limited warranty
supersedes any other warranty, promises or representations previously
made or issued by company. THIS WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE AND COMPANY HEREBY
EXCLUDES ALL SUCH WARRANTIES WHICH MIGHT OTHERWISE
BE IMPLIED BY LAW, ALL OF WHICH ARE HEREBY DISCLAIMED.
The Company makes no representation that the Unit has the capacity
to perform any functions other than as contained in the Company's
written literature, specifications or Owner's Manual accompanying
delivery of the Unit. No person, affiliated company or distributor of
Company's products, is authorized to alter the terms of this warranty,
to give any other warranties or to assume any other liability on behalf
of the Company in connection with the sale, servicing or repair of any
Unit manufactured by the Company.
5.
Design Changes/Product Improvements
. The Company reserves
the right to make design changes or improvements in its products from
time to time without any obligation to change or improve any previously
manufactured Units.
6. Limitation of Liability. Company's liability for breach of this Limited
Warranty, whether a claim or lawsuit is brought in contract, tort, or
strict liability, will be limited exclusively to repair or replacement of
defects covered by the terms of this Limited Warranty. Company will
not be liable for any direct or indirect, incidental, consequential, special
or punitive damages of any kind which may result from defects in its
Units, products, services, or from breach of this Limited Warranty, nor
will Company
be liable for any damages resulting from the end user’s
loss of use of the Unit
and/or its supporting equipment.