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Warranty
LIMITED WARRANTY FOR NEW AG SPRAY EQUIPMENT
WHO MAY USE THIS LIMITED WARRANTY. This limited warranty (the
“
Limited Warranty
”)
is provided by Ag Spray Equipment to the original pur-
chaser
(“
you
”)
of the Equipment (as defined below) from Ag Spray Equipment or one of Ag Spray Equipment
’
s authorized dealers. This Limited
Warranty does not apply to any subsequent owner or other transferee of the Equipment. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
WHAT THIS LIMITED WARRANTY COVERS AND FOR HOW LONG. Ag Spray Equipment warrants that any new Equipment will be free from defects
in material and workmanship for a period of
one (1) year
(homeowner),
90 days
(commercial user), after delivery of the Equipment to you (the
“
Warranty Period
”).
Warranty Period is not extended if Ag Spray Equipment repairs or replaces the Equipment.
WHAT IS NOT COVERED BY THIS LIMITED WARRANTY. This Limited Warranty does not apply to: (1) used Equipment; (2) any Equipment that has
been altered, changed, repaired or treated since its
delivery to you, other than by Ag Spray Equipment or
its authorized dealers; (3) damage or
depreciation due to normal wear and tear; (4) defects or damage due to failure to follow Ag Spray Equipment
’
s operator
’
s manual, specifications
or other written instructions, or improper storage, operation, maintenance, application or installation of parts; (5) defects or damage due to mis-
use, accident or neglect,
“
acts of God
”
or other events beyond Ag Spray Equipment
’
s reasonable control; (6) accessories, attachments, tools or
parts that were not manufactured by Ag Spray Equipment, whether or not sold or operated with the Equipment; or (7) rubber parts, such as tires,
hoses and grommets.
HOW TO OBTAIN WARRANTY SERVICE. To obtain warranty service under this Limited Warranty, you must (1) provide written notice to Ag Spray
Equipment of the defect during the Warranty Period and within
thirty (30)
days after the defect becomes apparent or the repair becomes neces-
sary, at the following address: Ag Spray Equipment, 1000 Fimco Lane, North Sioux City, SD 57049; and (2) make the Equipment available to
Ag Spray Equipment or an authorized dealer within a reasonable period of time. For more information about this Limited Warranty,
please call:
800
-
274
-
1025
or your local Ag Spray location.
WHAT REMEDIES ARE AVAILABLE UNDER THIS LIMITED WARRANTY. If the conditions set forth above are fulfilled and the Equipment or any part
thereof is found to be defective, Ag Spray Equipment shall, at
its own cost, and at its option, either repair or replace the defective Equipment or
part. Ag Spray Equipment will pay for shipping and handling fees to return the repaired or replacement Equipment or part to you.
LIMITATION OF IMPLIED WARRANTIES AND OTHER REMEDIES. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES,
AND AG SPRAY EQUIPMENT
’
S SOLE LIABILITY, FOR ANY BREACH OF THIS LIMITED WARRANTY. TO THE EXTENT APPLICABLE, ANY IMPLIED WAR-
RANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD, AND THE REMEDIES AVAILABLE FOR BREACH THEREOF SHALL BE LIMITED TO THE
REMEDIES AVAILABLE UNDER THIS EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WAR-
RANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AG SPRAY EQUIPMENT
’
S LIABILITY UNDER THIS LIMITED
WARRANTY EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE EQUIPMENT, NOR SHALL AG SPRAY EQUIPMENT BE LIABLE, UNDER
ANY CIRCUMSTANCES, FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
