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RODUCT
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ARRANTY
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Q
UAL
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IVESTOCK
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QUIPMENT
LIMITED
WARRANTY
FOR
NEW
HIQUAL
COMPANY
PRODUCTS
A. GENERAL PROVISIONS
. “HiQual” means HiQual Company, 200 N. Cleveland, Lennox, SD 57039. The warranties described below
are provided by HiQual to the original purchasers of new products purchased from HiQual or from an authorized HiQual Dealer (the
“Products”). Under these warranties, HiQual 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 applicable 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 requested of HiQual and shipping charges to and from HiQual’s factory. These
warranties are not transferrable.
B. WARRANTY PERIOD
. Subject to exclusions and limitations set forth herein, each new Product is warranted for the number of years
specified below. 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 described below include all
parts, components and accessories.
PRODUCTS
All Steel products
1 Year
All Poly Products
2 years
Flex Connectors
5 Years
C. ITEMS COVERED SEPARATELY
. The HiQual 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 Sioux Steel. Such parts, components and materials will be subject to
the warranties provided by the manufacturer, if any.
D. WHAT IS NOT WARRANTED
. HiQual does not warrant and is not responsible for the following: (1) used products; (2) modification or
alteration of the Products; (3) Products that have not been properly installed or not installed in accordance with the instruction manual,
improper assembly, or improper construction by any persons other than HiQual employees; (4) depreciation, damage or loss caused by the
use of parts, components or accessories not provided by HiQual, 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 HiQual, 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. NEITHER HIQUAL, 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 PROFITS 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 EQUIPMENT AND COMMODITIES, DAMAGE TO
THE ENVIRONMENT ARISING FROM OR IN ANY MANNER RELATED TO ANY RELEASE 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 SIOUX STEEL, THE DEALER OR ANY
PERSON OR COMPANY AFFILIATED WITH EITHER OF THEM BE LIABLE 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, CONDITION OR
PROMISE ON BEHALF OF HIQUAL, 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 purchase 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 jurisdiction based upon lack of personal
jurisdiction or inconvenience.
H. SECURING WARRANTY SERVICE.
In order to receive warranty services, customer must give HiQual written notice of a warranty 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 HiQual a Return Materials Authorization Number (“RMA Number”) by calling the
Customer Service at 1-800-557-4689
and
providing the following information.
An explanation as to why the products being returned.
The name of the territory representative, dealer or HiQual sales person from whom the product was purchased.
The dealers ID number / account number.
The invoice number and date of purchase.
Customers name, phone number and address.
The date the product will be returned.
(2)
Pay the shipping charges to and from the HIQual’s factory.
(3)
Ship the product to HiQual, 200 N. Cleveland, Lennox, SD 57039
