Terex Evoquip Bison 120, Operation Manual

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Appendix B
Operations Manual
Bison 120
20-07-2018
Page B-5
Revision 2.0
ITEMS NOT COVERED BY SELLER WARRANTY
The following items are NOT covered under the Seller Warranty (the following list is not exhaustive):
1. Items sold by any individual, corporation, partnership or any other organization or legal entity that is not an authorized Seller distributor.
2. Components which are not manufactured by Seller are not covered by Seller’s warranty. Such components are covered only by the warranty that
is provided by the manufacturer of such components. Such components may include, but are not limited to, chassis, engines, air compressors,
batteries, tires, customer supplied products.
3. Replacement of assemblies: Seller has the option to repair or replace any defective part or assembly. It is Seller’s policy to refuse claims for the
replacement of a complete assembly that is field repairable by the replacement or repair of defective part(s) within the assembly.
4. Normal Operational Maintenance Services and Wear Parts: Maintenance services and wear parts are excluded from warranty claims. Maintenance
services and wear parts not covered include, but are not limited to, such items as: seals, gaskets, hoses, friction plates, glass, clutch and brake
linings, filters, wire rope, exterior coatings, proper tightening of bolts, nuts and fittings, adding or replacing of fluids, filter, breathers, belts, nozzles,
adjustments of any kind, services supplies such as hand cleaners, towels and lubricants, inspections, diagnostic time, travel time.
5. Transportation cost and/ or damage: Any damage caused by carrier handling is a transportation claim and should be filed immediately with the
respective carrier.
6. Deterioration: Repairs, work required or parts exposed as the result of age, storage, weathering, lack of use, demonstration use, or use for
transportation of corrosive chemicals.
7. Secondary Failures: Should the owner or operator continue to operate a machine after it has been noted that a failure has occurred, Seller will not
be responsible under the warranty for resultant damage to other parts due to that continued operation.
8. Workmanship of Others: Seller does not accept responsibility for improper installation or labor costs or costs of any kind from personnel other than
authorized Seller distributor personnel.
9. Stop and Go Warranty: Seller does not recognize “Stop and Go” warranties.
10. INCIDENTAL OR CONSEQUENTIAL DAMAGE: SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PRODUCTION, INCREASED OVERHEAD, LOSS OF BUSINESS
OPPORTUNITY, DELAYS IN PRODUCTION, COSTS OF REPLACEMENT COMPONENTS AND INCREASED COSTS OF OPERATION THAT
MAY ARISE FROM THE BREACH OF THIS WARRANTY. CUSTOMER’S SOLE REMEDY SHALL BE LIMITED TO (AT SELLER’S SOLE OPTION)
REPAIR OR REPLACEMENT OF THE DEFECTIVE PART.
THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER OBLIGATIONS OR LIABILITY ON SELLER’S PART. THERE ARE NO
WARRANTIES THAT EXTEND BEYOND THE LIMITED WARRANTY CONTAINED HEREIN.
Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the sale of Seller’s equipment. This warranty shall
not apply to any of Seller’s equipment or any part thereof which has been subject to misuse, alteration, abuse, negligence, accident, acts of God or sabotage. No
action by any party shall operate to extend or revive this limited warranty without the prior written consent of Seller. In the event that any provision of this warranty
is held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
IN THE EVENT OF ANY BREACH OF THE WARRANTY BY SELLER, SELLER’S LIABILITY SHALL BE LIMITED EXCLUSIVELY TO THE REMEDIES (AT
SELLER’S SOLE OPTION) OF REPAIR OR REPLACEMENT OF ANY DEFECTIVE EQUIPMENT COVERED BY THE WARRANTY. IN NO EVENT SHALL
SELLER, OR ANY AFFILIATE, SUBSIDIARY OR DIVISION THEREOF BE LIABLE FOR ANY A) LOST PROFITS AND/OR BUSINESS INTERRUPTION
(WHETHER DIRECT OR INDIRECT); AND (B) INDIRECT, INCIDENTAL, CONSEQUENTIAL (WHETHER DIRECT OR INDIRECT) OR OTHER DAMAGES OR
LOSSES OF ANY KIND, RESULTING FROM A BREACH OF WARRANTY INCLUDING, WITHOUT LIMITATION, LABOR COSTS, LOSS OF USE OF OTHER
EQUIPMENT, THIRD PARTY REPAIRS, LOST PROFITS, LOST TIME, TOWING OR HAULING OF EQUIPMENT, RENTAL COSTS, PERSONAL INJURY, EMO-
TIONAL OR MENTAL DISTRESS, IMPROPER PERFORMANCE OR WORK, PENALTIES OF ANY KIND, LOSS OF SERVICE OF PERSONNEL, OR FAILURE
OF EQUIPMENT TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAWS.