N
EW
P
RODUCT
W
ARRANTY
LIMITED WARRANTY FOR NEW KOYKER MANUFACTURING COMPANY PRODUCTS
A. GENERAL PROVISIONS. “Koyker” means Koyker Manufacturing Company, 200 N. Cleveland, P.O. Box 409, Lennox, South
Dakota 57039. The warranties described below are provided by Koyker to the original purchasers of new products purchased from
Koyker or from an authorized Koyker Dealer (the “Products”). Under these warranties, Koyker will, at its option, repair or replace at
its factory any Product covered under these warranties which is found to be defective in material and workmanship during the appli-
cable warranty term or refund the purchase price paid for the defective Product. Customer will be responsible for labor charges for
removing the defective Product and reinstalling the repaired or replacement Product, any premium charge for overtime labor request-
ed of Koyker and shipping charges to and from Koyker’s factory. These warranties are not transferrable.
B. WARRANTY PERIOD. Subject to exclusions and limitations set forth herein, each new Product is warranted for one (1) year for
Consumer use and six (6) months for Commercial or Government use. Each warranty term begins from the date of purchase
regardless of delay in receipt of the Product by Customer due to the time required to process, handle, ship, assemble, construct and
install the Product. Customer must retain proof of the date of purchase. Replacement parts for and repairs to the Product will be
warranted only for the remainder of the original warranty term. The replacement parts for or repairs to the Product will not extend the
warranty term beyond the original warranty term. Products include all parts, components and accessories.
C. ITEMS COVERED SEPARATELY. The Koyker warranties do not cover any parts, components or materials that are part of the
Product, or used in conjunction with the Product, that are not manufactured by Koyker. Such parts, components and materials will be
subject to the warranties provided by the manufacturer, if any.
D. WHAT IS NOT WARRANTED
. Koyker does not warrant and is not responsible for the following: (1) used Products; (2) modifica-
tion or alteration of the Products; (3) Products that have not been properly installed or not installed in accordance with th
e instruction
manual, improper assembly, or improper construction by any persons other than Koyker employees; (4) depreciation, damage or l
oss
caused by the use of parts, components or accessories not provided by Koyker, unauthorized repairs, normal wear, lack of necessary
and proper maintenance, a failure to follow operating instructions/recommendations, misuse, lack of proper protection during storage,
vandalism or theft, exposure to the elements or corrosive materials, accidents or acts of nature including lightning, flooding, hail,
straight winds and tornadoes; and (5) cosmetic damage or damage that does not hinder the functionality of the Products.
E. LIMITATIONS OF WARRANTIES AND CUSTOMER’S REMEDIES. To the extent permitted by law, neither Koyker, the Dealer
nor any person or company affiliated with either of them makes any warranties, representations, conditions or promises express or
implied as to the quality, performance or freedom from defects of the Products covered by these warranties other than those set forth
herein. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEI-
THER KOYKER, THE DEALER, NOR ANY PERSON OR COMPANY AFFILIATED WITH EITHER OF THEM WILL BE LIABLE FOR
ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, LOST PROF-
ITS AND REVENUES, LOST USE OF THE PRODUCTS OR ANY OTHER PROPERTY, BODILY INJURY OR PROPERTY DAMAGE
CLAIMS OF ANY PERSON, LOST COMMODITIES, REMOVAL OR STORAGE COSTS FOR THE PRODUCTS, OTHER EQUIP-
MENT AND COMMODITIES, DAMAGE TO THE ENVIRONMENT ARISING FROM OR IN ANY MANNER RELATED TO ANY RE-
LEASE OF HAZARDOUS MATERIALS, AND REMEDIATION EXPENSES THEREFORE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR ANY OTHER LEGAL BASIS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO INSTANCE WILL KOYKER, THE DEALER OR ANY PERSON OR COMPANY AFFILIATED WITH EITHER OF THEM BE LIA-
BLE TO CUSTOMER OR ANY PERSON IN AN AMOUNT IN EXCESS OF THE PURCHASE PRICE PAID BY CUSTOMER FOR
THE PRODUCT.
F. NO DEALER WARRANTY. THE DEALER HAS NO AUTHORITY TO MAKE ANY WARRANTY, REPRESENTATION, CONDI-
TION OR PROMISE ON BEHALF OF KOYKER, OR TO MODIFY THE TERMS OR LIMITATIONS OF THIS WARRANTY IN ANY
WAY.
G. GOVERNING LAW/VENUE. These warranties, and all terms set forth herein, are governed by the laws of the State of South
Dakota and, where applicable, the laws of the United States of America. Any and all disputes arising from these warranties, the pur-
chase and use of the Products, bodily injury and property damage claims or otherwise must be venued in the South Dakota Circuit
Court sitting in Minnehaha County, South Dakota. Customer agrees to such venue and waives any challenge to such court’s jurisdic-
tion based upon lack of personal jurisdiction or inconvenience.
H. SECURING WARRANTY SERVICE. In order to receive warranty services, customer must give Koyker written notice of a warran-
ty claim within 30 days of the date of discovery of the defective materials or workmanship, and Customer must complete the following
steps:
(1)
Obtain from Koyker a Return Materials Authorization Number (“RMA Number”) by calling the Customer Service
Department at 1-800-456-1107 or e-mail Koyker at [email protected], and providing the following infor-
mation:
An explanation as to why the Product is being returned.
The name of the territory representative, Dealer or Koyker salesperson from whom the Product was pur-
chased.
The Dealer’s identification number.
The invoice number and date of purchase.
Customer’s name, phone number, fax number, mailing address and email address.
The date that the Product will be returned.
(2)
Pay the shipping charges to ship the Product to Koyker’s factory, and the return shipping charges.
(3)
Ship the Product to Koyker at 200 N. Cleveland, Lennox, South Dakota 57039.
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