- 22 -
W
ARRANTY
- A
IRAMMER
(AR56/AR57)
WHAT DOES THIS WARRANTY COVER?
MBW, Incorporated (MBW)
warrants each New Machine against defects in material and workmanship
for a period of thirty six (36) months. "New Machine" means a machine
shipped directly from MBW or authorized MBW dealer to the end user. This
warranty commences on the first day the machine is sold, assigned to a
rental fleet, or otherwise put to first use.
MBW warrants each Demonstration Machine against defects in material
and workmanship for a period of six (6) months. "Demonstration Machine"
means a machine used by MBW or its agents for promotional purposes.
This warranty commences on the first day the machine is sold, assigned to
a rental fleet, or otherwise put to first use.
This warranty covers the labor cost for replacement or repair of parts,
components, or equipment on New Machines or Demonstration Machines,
and MBW shall pay labor costs at MBW's prevailing rate to affect the
warranted repair or replacement. MBW reserves the right to adjust labor
claims on a claim-by-claim basis.
This warranty covers the shipping cost of replacement parts, components,
or equipment via common ground carriers from MBW to an authorized
MBW dealer. Air freight is considered only in cases where ground
transportation is not practical.
MAY THIS WARRANTY BE TRANSFERRED?
This warranty is non-
transferable and only applies to the original end user of a new machine or
demonstration machine.
WHAT DOES THIS WARRANTY NOT COVER?
1.This warranty does not cover any Used Equipment. "Used Equipment"
means any MBW machine or equipment that is not a New Machine or a
Demonstration Machine. All Used Equipment is sold
AS IS/WHERE IS
WITH ALL FAULTS.
2.This warranty does not cover any New Machine, Demonstration
Machine, or their equipment, parts, or components altered or modified in
any way without MBW's prior written consent. This warranty does not
cover the use of parts not specifically approved by MBW for use on MBW
products. This warranty does not cover misuse, neglect, shipping damage,
accidents, acts of God, the operation of any New Machine or
Demonstration Machine in any way other than recommended by MBW in
accordance with its specifications, or any other circumstances beyond
MBW's control. This warranty does not cover any New Machine or
Demonstration Machine repaired by anyone other than MBW factory
branches or authorized MBW distributors.
3.This warranty does not cover, and MBW affirmatively disclaims, liability
for any damage or injury resulting directly or indirectly from design,
materials, or operation of a New Machine or Demonstration Machine or any
other MBW product. MBW's liability with respect to any breach of warranty
shall be limited to the provisions of this document and in no event shall
exceed an amount equal to the purchase price of the New Machine or
Demonstration Machine purchased from MBW.
4.This warranty does not cover engines, motors, and other assemblies or
components produced by other manufacturers and used on a New
Machine or Demonstration Machine, as said engines, motors, and other
assemblies or components may have warranties provided by the
manufacturer thereof. This warranty does not apply to consumable items,
such as v-belts, filters, trowel and screed blades, seals, shock mounts,
batteries, and the like, all of which are sold AS IS/WHERE IS WITH ALL
FAULTS.
5.This warranty does not cover the cost of transportation and other
expenses which may be connected with warranty service but not
specifically mentioned herein.
6.This warranty does not cover any updates to any New Machine,
Demonstration Machine, or any other MBW product. MBW reserves the
right to improve or make product changes without incurring any obligation
to update, refit, or install the same on New Machines or Demonstration
Machines previously sold.
WHAT MUST YOU DO TO OBTAIN WARRANTY COVERAGE?
Each
New Machine or Demonstration Machine is accompanied by a Warranty
Registration Card. You must sign, date, and return the Warranty
Registration Card to the place of origin of the New Machine or
Demonstration Machine, either to MBW, Inc. at P.O. Box 440, Slinger,
Wisconsin 53086, MBW (UK), Ltd. at Units 2 & 3 Cochrane Street, Bolton
BL3 6BN, United Kingdom or MBW FRANCE SARL at
ZA D'Outreville, 5 Rue Jean Baptiste Neron, Bornel 60540 France, within
ten (10) days after purchase, assignment to a rental fleet, or first use. This
signed warranty card is the buyer's affirmation that he has read,
understood, and accepted the warranty at the time of purchase. Failure to
return the warranty card as specified herein renders the warranty null and
void. In order to receive warranty coverage consideration, warranty claims
must be submitted within thirty (30) days after the New Machine or
Demonstration Machine fails. Warranty claims must be submitted to MBW,
Inc., MBW (UK), Ltd. or MBW FRANCE SARL, and written authorization for
the return of merchandise or parts under the warranty must be obtained
before shipment to MBW.
WHAT WILL MBW DO?
MBW's obligation under this warranty is limited to
the replacement or repair of parts for a New Machine or Demonstration
Machine at MBW factory branches or at authorized MBW distributors, and
such replacement or repair is the exclusive remedy provided hereunder.
Labor must be performed at an authorized MBW distributor. MBW
reserves the right to inspect and render a final decision on each warranty
case, and MBW's repair or replacement is solely within the discretion of
MBW.
IT IS EXPRESSLY AGREED THAT THIS SHALL BE THE SOLE AND
EXCLUSIVE REMEDY UNDER THIS WARRANTY. UNDER NO
CIRCUMSTANCES SHALL MBW BE LIABLE FOR ANY COSTS, LOSS,
EXPENSE, DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES,
OR PUNITIVE DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM
THE USE OF THE NEW MACHINE OR DEMONSTRATION MACHINE
WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
THE FOREGOING WARRANTY IS EXPRESSLY IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE, AND
FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER
OBLIGATIONS OR LIABILITY ON MBW'S PART. MBW NEITHER
ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ON
BEHALF OF MBW ANY OTHER LIABILITY OR WARRANTY IN
CONNECTION WITH THE SALE OR SERVICE OF ANY NEW MACHINE,
DEMONSTRATION MACHINE , OR ANY OTHER MBW PRODUCT.
