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BLN-50225_P18 March, 2019
Hydro-Gear
®
Warranty Policies and Procedures
Hydro-Gear Limited Partnership (hereinafter referred to as "Hydro-Gear") warrants to the original equipment manufacturer
(OEM), authorized distributor, or authorized servicing dealer purchasing a Hydro-Gear product or replacement parts
(such purchaser is hereinafter referred to as "Buyer") that the product or replacement parts will be free from defects in
material and workmanship at the time of shipment from Hydro-Gear, and will conform to such drawings and specifica -
tions as are applicable to the product or replacement parts under Hydro-Gear's sales agreement with Buyer.
The duration of this limited warranty is as set forth in the section below under the heading "WARRANTY PERIODS."
During the applicable period of warranty, Hydro-Gear shall repair or replace at its option those products or their parts
which are found by Hydro-Gear to be defective in material or workmanship at time of shipment, provided that Hydro-
Gear or its authorized representative is first advised in writing of Buyer's contention of such defect (during such warranty
period) and provided further, that the product or, if applicable, the replacement part in question is made available for
inspection by Hydro-Gear or its authorized representative. To facilitate inspection, Hydro-Gear may request return of
the product and/or part which Buyer contends to be defective. Product or parts failures or malfunctions which are not
attributable to defects in material and/or workmanship, and which are not covered by the said warranty include, but are
not limited to:
* Inadequate, contaminated, or improper fluid.
* Accident, abuse, improper maintenance, or neglect.
* Stripped keyways, or splines stripped or worn on external shaft end.
* Improper mounting of external pulleys, gears, couplings, etc.
* Improper electrical connection or power supply.
* Corrosion, or other damage, resulting from battery acid leakage.
* Operating above those speeds, weights limits, pressures, or temperatures recommended by Hydro-Gear.
* Use of the product in a manner or for a purpose not originally intended for by Hydro-Gear or failure to use in
strict accordance with Hydro-Gear's written instructions.
* Repairs or installation by personnel other than as authorized by Hydro-Gear.
* Transportation.
* Use of parts other than Genuine Hydro-Gear Parts or other parts authorized in writing by Hydro-Gear.
* Misdiagnosis of component failure.
* Maintenance items such as filters, oil, etc.
THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF AND TO THE EXCLUSION OF ALL OTHER WARRANTIES,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT BY WAY OF LIMITATION, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
HYDRO-GEAR'S LIABILITY, WHETHER OF WARRANTY, NEGLIGENCE, OR OTHERWISE, IS LIMITED TO THE
REPAIR OR REPLACEMENT AS HEREIN PROVIDED OR, AT HYDRO-GEAR'S SOLE OPTION, TO A REFUND OF
THE PURCHASE PRICE. THIS SHALL BE HYDRO-GEAR'S SOLE AND MAXIMUM LIABILITY AND UNDER NO
CIRCUMSTANCES SHALL HYDRO-GEAR BE LIABLE FOR LIQUIDATED, SPECIAL, INCIDENTAL OR CONSE-
QUENTIAL DAMAGES.
If Buyer grants warranty on Hydro-Gear products of greater scope than the warranties provided by Hydro-Gear, or ex-
tends any warranty period beyond the applicable period described in "WARRANTY PERIODS," Buyer does so at its
sole risk and expense and Buyer will indemnify and hold Hydro-Gear harmless from any claims of any party based on
such greater warranty or period, and any expenses incurred in the defense of such claims. This warranty only applies to
OEM's, authorized distributors, authorized servicing dealers, and by its terms does not extend to any person buying the
product from such OEM, authorized distributor, or authorized servicing dealer, for personal, family, or household use. If
Buyer makes available the benefits of this warranty to its customer, and if the Magnuson-Moss Warranty Improvement
Act (Pub. L. 93-637) or similar state laws should apply, Buyer assumes all responsibility for compliance with such laws
and any expenses incurred in the defense of any such claims, thereunder.
Limited Warranty