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NEW DUMP TRAILER 1 YEAR
LIMITED WARRANTY
LUFKIN INDUSTRIES, INC. (“LUFKIN”) warrants to the original Purchaser of the trailer, subject to and upon the
conditions herein stated, that the trailer shall be upon delivery free from defects in materials and workmanship. In
the event the trailer proves defective in materials or workmanship within one (1) year, it shall be repaired or
replaced, at LUFKIN’s option, free of charge, F.O.B. LUFKIN’s Plant, or other designated place of repair or
replacement, as the case may be. It shall be Purchaser’s obligation to deliver the trailer to LUFKIN’s designated
branch or plant, or in the alternative, any other place specifically designated by LUFKIN, for replacement or repair.
Repair or replacement by LUFKIN shall not extend the warranty period. LUFKIN will have no liability under this
Warranty unless LUFKIN’s Warranty Administrator, P.O. Box 849, Lufkin, Texas 75902-0849, receives written
notice from Purchaser of the defect within ten (10) days after the discovery of the defect or the date the defect
should have been discovered, whichever is earlier; provided, however, LUFKIN’s Warranty Administrator may, if
desired, waive the requirement of written notice and accept oral notice of a timely reported defect. LUFKIN shall
not be liable under this Warranty if the trailer, or any part thereof, was involved in an accident, or subjected to
abuse, alteration, misuse, or extraordinary use of any kind (including, but not limited to, (i) operation at a speed
exceeding State Laws, (ii) loading a trailer beyond the rated load established by State Laws, (iii) loading a trailer
in excess of the gross vehicle weight rating (GVWR) set forth on the vehicle identification plate attached to a new
trailer, (iv) loading a trailer such that the axle weights exceed the gross axle weight rating (GAWR) also listed on
said vehicle identification plate, or (v) operation or use of a trailer in a manner other than specifically permitted by
the Owner’s Manual issued by LUFKIN), or if the trailer, or any part thereof, was improperly used, stored,
installed, maintained, repaired or operated. Repair or replacement, at the sole option of LUFKIN, of the trailer, or
any part thereof, shall fulfill all obligations of LUFKIN.
With respect to component parts, materials or accessories manufactured; furnished or supplied by individuals or
entities other than LUFKIN (including, but not limited to, refrigeration units, tires, tubes, suspensions, axle
assemblies, wheels, bearings, landing gears, brakes, anti-lock components, spring brakes, air brake valves, lights
and hydraulic components, or any non-standard features or items specified by the purchaser), and with respect to
parts which may wear out (including, but not limited to, overhead doors, floors, brake linings, brake drums, oil
seals, bearings, paint, lights and lamp bulbs, tarps, tires, and the like) LUFKIN extends no warranties of its own,
specifically disclaiming any such warranties by LUFKIN, express or implied, as to such component parts,
materials accessories or expendable parts. Provided, however, LUFKIN agrees that any warranty which is given
to LUFKIN on such component parts, materials, accessories or expendable parts by the manufacturer thereof,
except for tires, shall be extended to the Purchaser.
THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE, AND ARE HEREBY EXPRESSLY AGREED
TO BE, EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES OF ANY KIND
WHATSOEVER WITH RESPECT TO DEFECTS IN THE NEW TRAILER, WHETHER IN CONTRACT, IN TORT,
STATUTORY, EXPRESS OR IMPLIED. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING,
ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM
COURSE OF DEALING OR USAGE OF TRADE HAVE BEEN, AND HEREBY ARE, DISCLAIMED AND
EXCLUDED BY LUFKIN. PURCHASER FURTHER ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS
CONCERNING THE TRAILER HAVE BEEN MADE AND THAT NO REPRESENTATIVE OF LUFKIN HAS ANY
AUTHORITY, ACTUAL OR APPARENT, TO MAKE ANY REPRESENTATIONS CONCERNING THE TRAILER
OTHER THAN THOSE SET FORTH HEREIN.
PURCHASER AGREES THAT LUFKIN WILL NOT BE LIABLE TO ANY PERSON OR ENTITY, INCLUDING
SUCH PURCHASER, FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES OR ECONOMIC LOSS FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES RESULTING FROM THE NON-OPERATION OF THE TRAILER, LOSS OF PRODUCT OR
PRODUCTION OR LOST PROFITS.
The provisions of this Warranty shall be interpreted and governed in accordance with the laws of the State of
Texas.
This Warranty is extended only to the purchaser of new trailers from LUFKIN, and may not be transferred.
