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BRODERSON MANUFACTURING CORP.
STATEMENT OF WARRANTY FOR MOBILE CRANES
Broderson Manufacturing Corp. ("BMC") warrants its products to be free from defects in material or workmanship at the date of
shipment from BMC. This warranty shall be effective only when validated by the return to BMC of its standard form of Warranty
Validation Certificate (Attachment A), duly completed and signed by the original purchaser from BMC and any subsequent purchaser
who buys a BMC product as a new product, and then only as to defects reported to BMC in writing within 1 year or 2000 hours,
whichever occurs first, from the date a product is placed in service, as evidenced by such warranty validation certificate.
THIS
WARRANTY APPLIES TO ALL PARTS OF BMC'S PRODUCTS EXCEPT ENGINES, DRIVE TRAINS, HYDRAULIC
SYSTEM COMPONENTS, T I R E S , OR ACCESSORY EQUIPMENT, WITH RESPECT TO WHICH BMC MAKES NO
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NO OTHER WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED
; the sole warranties, if any, with respect thereto being those made by the respective
manufacturers thereof.
THE SOLE REMEDY FOR BREACH BY BMC OF THIS WARRANTY SHALL BE THE REPLACEMENT OF ANY PARTS OF ITS
PRODUCTS WHICH WERE DEFECTIVE AT THE DATE OF SHIPMENT OR, IF (AND ONLY IF) REPLACEMENT OF
DEFECTIVE PARTS IS IMPOSSIBLE OR IS DEEMED BY BMC TO BE IMPRACTICAL, REPLACEMENT OF THE ENTIRE
PRODUCT OR, AT BMC'S OPTION, REFUND OF THE PURCHASE PRICE.
The replacement remedies include labor in
connection with the removal of defective parts and the installation of their replacements, as well as the cost of delivery and
transportation of defective products or parts and the replacements thereof. The sole purpose of these remedies is to provide the
purchaser with free replacement of defective parts or, in the limited circumstances specified, replacement of the entire product or a
refund of the purchase price. These exclusive remedies shall not be deemed to have failed of their essential purpose so long as
BMC is willing and able to replace defective parts or the entire product or to refund the purchase price. The remedies herein
provided shall be available only if BMC is given reasonable access to the product, including all allegedly defective parts,
promptly after the defect is discovered. BMC shall have the right to return any allegedly defective parts to its plant or any other
location selected by it, for inspection and testing to determine whether they were defective at the date of shipment, prior to
replacement thereof.
The warranty herein made is extended only to the original purchaser from BMC and any subsequent purchaser who buys a BMC
product as a new product.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BMC EXPRESSLY DISCLAIMS
THAT THE WARRANTY MADE HEREIN EXTENDS TO A PERSON WHO RENTS OR LEASES ANY BMC PRODUCT OR
WHO PURCHASES ANY BMC PRODUCT AS A USED PRODUCT.
For purposes hereof, a BMC product shall conclusively be
deemed "used" after the expiration of twelve (12) months from its placement in service, as evidenced by a duly completed and
signed warranty validation certificate actually received by Broderson, or after such earlier time as it has been operated for more
than one hundred (100) hours. This warranty shall not apply to ordinary wear and tear; negligence; acts of God; vandalism; abuse;
misuse; neglect; accident or causes beyond the reasonable control of BMC, including without limitation fires, freezing, floods and
other natural disasters; overloading; unauthorized altered, modified or changed products or parts; products or parts that have been
improperly adjusted; or the Purchaser’s neglect, negligence or willful damage; any products or parts not provided by BMC; any
products or parts which have been repaired outside of BMC or an authorized distributor facility ; unless authorized in writing by BMC;
or damages caused by failure to follow the maintenance procedures outlined in the applicable service manual or in technical bulletins
issued by BMC.
BMC does not warrant any of its products to meet any state, local or municipal law, ordinance, code, rule or regulation. The
purchaser must assume the responsibility for maintaining and operating the products which are the subject of this warranty in
compliance with such of the foregoing as may be applicable, and BMC shall not be liable for the purchaser's failure to meet such
responsibility.
THE WARRANTY HEREIN MADE IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. BMC MAKES NO
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER EXPRESS OR
IMPLIED WARRANTY OF ANY KIND, TO ANY PURCHASER, LESSEE OR RENTER OF NEW OR USED BMC PRODUCTS OR
ANY OTHER PERSON WHATSOEVER
. NO PERSON IS AUTHORIZED TO ACT ON BEHALF OF BMC IN MODIFYING THE
WARRANTY HEREIN MADE OR IN MAKING ANY ADDITIONAL OR OTHER WARRANTY.
IN NO EVENT SHALL BMC BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER.
THIS EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES IS INTENDED TO BE
INDEPENDENT OF ALL OTHER PROVISIONS OF THIS STATEMENT OF WARRANTY AND SHALL BE GIVEN FULL
EFFECT NOTWITHSTANDING THE UNENFORCEABILITY OR FAILURE OF THE ESSENTIAL PURPOSE OF ANY OTHER
PROVISION OF THIS STATEMENT OF WARRANTY.
THE FOREGOING DISCLAIMERS OF WARRANTIES AND DISCLAIMER OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SHALL BE EFFECTIVE REGARDLESS OF WHETHER THE EXPRESS WARRANTY
CONTAINED HEREIN BECOMES EFFECTIVE AS PROVIDED IN THE FIRST PARAGRAPH HEREOF.
Document Number: WI-SM-002 Rev B Effective: January 1, 2016
P/N 99040011