P1512115 R8
127
7. Batco Limited Warranty
This warranty relates to Batco Conveyors (the “Product”) sold by Batco-Rem, (which is a division of Ag Growth
Industries Partnership, referred to herein as the “Seller”) and applies only to the first user of the Product (meaning a
purchaser directly from the Seller or from an authorized dealer or distributor of the Product, referred to herein as the
“Buyer”).
This warranty shall only be effective if properly registered with the Seller in accordance with information provided to
the Buyer at the time of sale.
1. The Seller warrants to the Buyer that the Product is free from defects in material and workmanship
under normal and
reasonable use
.
2. This warranty applies only to defects in materials and workmanship and not to damage incurred in shipping or
handling, through normal wear and tear, or damage due to causes beyond the control of the Seller such as lightning, fire,
flood, wind, earthquake, excessive voltage, mechanical shock, water damage, or damage arising out of abuse, alteration,
improper assembly, improper installation, improper maintenance or improper repair of the Product.
3.
The warranty period for the Product shall be one year from delivery of the Product to the Buyer where the Product
is used in a normal farm operation. The warranty period for the Product shall be 90 days from delivery of the Product
to the Buyer where the Product is used in a commercial operation. No warranty is given where the Product was used
to convey canola.
In the event that any part incorporated into the Product is manufactured and sold to the Seller by a
third party vendor, such part is only warranted to the extent of the warranty given by that third party.
4. The obligations set forth in this warranty are conditional upon the Buyer promptly notifying the Seller of any defect
and completing reasonably required documentation and, if required, promptly making the Product available for
correction. The Seller shall be given reasonable opportunity to investigate all claims and no Product shall be returned to
the Seller or part disposed of until after inspection and approval by the Seller and receipt by the Buyer of written
shipping instructions, with transportation charges prepaid.
5. Upon return of the Product, or such part of the Product that requires correction, the Seller shall, at the Seller’s option,
either repair or replace the Product or such part. The Seller shall replace or attempt to repair and return the Product or
such part within a reasonable period of time from receipt of an approved warranty claim from the Buyer. If the Seller is
unable to repair or replace the Product, the Buyer shall be entitled to a credit note in the amount of the purchase price
for the Product.
6. The total liability of the Seller on any claim, whether in contract, tort or otherwise, arising out of, connected with, or
resulting from the manufacture, sale, delivery, repair, replacement or use of the Product or any part thereof
shall not
exceed the price paid for the Product
and the Seller shall not be liable for any special indirect, incidental or
consequential damages caused by reason of the installation, modification, use, repair, maintenance or mechanical failure
of the Product.
Consequential or special damages as used herein include, but are not limited to, lost or damaged
products or goods, costs of transportation, lost sales, lost orders, lost income, increased overhead, labor and
incidental costs and operational inefficiencies.
7.
Notwithstanding anything contained herein to the contrary, the foregoing is the Buyer’s sole and exclusive remedy
for breach of warranty by the Seller in respect of the Product. The Seller, for itself, its agents, contractors, employees
and for any parent or subsidiary of the Seller, expressly disclaims all warranties, either express or implied, written or
oral, including implied warranties of merchantability or fitness for a particular purpose and undertakes no obligation
with respect to the conformity of the Product except as set out in the purchase agreement, if any, or marketing
materials.
8. The foregoing warranty is the entire warranty of the Seller to the Buyer and the Buyer shall not be entitled to rely
upon any representation or warranty contained in any marketing material of the Seller in respect of the Product. The
Seller neither assumes, nor authorizes any other person purporting to act on its behalf to modify or to change this
warranty, nor to assume for it any other warranty or liability concerning the Product.
WARRANTY VOID IF NOT REGISTERED
PORTABLE GRAIN BELT CONVEYOR – FIELD LOADER
