Limited Warranty
Except for the Excluded Products as described below, all new products are warranted to be free from defects
in material and/or workmanship during the Warranty Period, in accordance with and subject to the terms and
conditions of this Limited Warranty.
1.
Excluded Products. The following products are excluded from this Limited Warranty:
(a) Any cable, part that engages with the ground (i.e. sprockets), digging chain, bearing, teeth, tamping
and/or demolition head, blade cutting edge, pilot bit, auger teeth and broom brush that either constitutes or is part
of a product.
(b) Any product, merchandise or component that, in the opinion of Paladin Light Construction
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, has been
(i) misused; (ii) modified in any unauthorized manner; (iii) altered; (iv) damaged; (v) involved in an accident; or (vi)
repaired using parts not obtained through Paladin Light Construction.
2.
Warranty Period. The Limited Warranty is provided only to those defects that occur during the Warranty
Period, which is the period that begins on the first to occur of: (i) the date of initial purchase by an end-user, (ii) the
date the product is first leased or rented, or (iii) the date that is six (6) months after the date of shipment by Paladin
Light Construction as evidenced by the invoiced shipment date (the “Commencement Date”) and ends on the date
that is twelve (12) months after the Commencement Date.
3.
Terms and Conditions of Limited Warranty. The following terms and conditions apply to the Limited Warranty
hereby provided:
(a)
Option to Repair or Replace. Paladin Light Construction shall have the option to repair or replace
the product.
(b)
Timely Repair and Notice. In order to obtain the Limited Warranty, (i) the product must be repaired
within thirty (30) days from the date of failure, and (ii) a claim under the warranty must be submitted to Paladin Light
Construction in writing within thirty (30) days from the date of repair.
(c)
Return of Defective Part or Product. If requested by Paladin Light Construction, the alleged
defective part or product shall be shipped to Paladin Light Construction at its manufacturing facility or other location
specified by Paladin Light Construction, with freight PRE-PAID by the claimant, to allow Paladin Light Construction
to inspect the part or product.
Claims that fail to comply with any of the above terms and conditions shall be denied.
LIMITATIONS AND EXCLUSIONS
.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND ANY WARRANTY BASED ON A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT SHALL PALADIN LIGHT CONSTRUCTION BE LIABLE FOR CONSEQUENTIAL OR SPECIAL
DAMAGES.
IN NO EVENT SHALL PALADIN LIGHT CONSTRUCTION BE LIABLE FOR ANY LOSS OR CLAIM IN AN
AMOUNT IN EXCESS OF THE PURCHASE PRICE, OR, AT THE OPTION OF PALADIN LIGHT CONSTRUCTION,
THE REPAIR OR REPLACEMENT, OF THE PARTICULAR PRODUCT ON WHICH ANY CLAIM OF LOSS OR
DAMAGE IS BASED. THIS LIMITATION OF LIABILITY APPLIES IRRESPECTIVE OF WHETHER THE CLAIM
IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER CAUSE AND
WHETHER THE ALLEGED DEFECT IS DISCOVERABLE OR LATENT.
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Attachment Technologies Inc., a subsidiary of Paladin Brands Holding, Inc. (PBHI) is referred to herein as Paladin Light
Construction.
February 10, 2010
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