LIMITED WARRANTY
WARRANTY STATEMENT—NORTH AMERICA ONLY
1. LIMITED
WARRANTIES
Subject to the terms, conditions and limitations set forth herein, Custom Equipment, LLC (the “Company”)
warrants to the first end-user (“Buyer”) that:
a. Limited Product Warranty
For a period of 12 months from the date that a new product manufactured by the Company (“Product”)
is delivered to the Buyer, the Product will (i) conform to the specifications published by the Company
for such Product as of the date of delivery; and (ii) be free of any defect in material and/or workmanship
under normal use and maintenance; and
b. Extended Structural and Chassis Warranty
For a period of 60 months from the date that the Product is delivered to the Buyer, the chassis and other
structural components of such Product will be free from defects in material and/or workmanship under
normal use and maintenance.
2.
EXCLUSIONS / WHAT IS NOT COVERED
The following items are NOT covered under this Limited Warranty:
• Defects in, and damage or loss relating to, any batteries incorporated by the Company into or made a part of the
Product. Any such defects, damage or loss shall be exclusively covered by the battery manufacturer’s warranty, if
any. For more information regarding the battery warranty, the Buyer should contact the battery manufacturer using
the contact information shown on the battery;
• Damage or loss resulting from or caused by carrier handling;
• Damage or loss resulting from or caused by normal wear and tear, weathering, lack of use or use with incompatible
equipment or software;
• Damage resulting from or caused by improper maintenance, improper handling or storage, improper use, abuse,
neglect, operation beyond rated capacity, or operation after discovery of defective or worn parts;
• Any part, component or assembly altered or modified in any way not approved in writing by the Company;
• Damage to any equipment or parts not manufactured by the Company; and
• Acts of God, accidents or any other causes beyond the Company’s reasonable control.
3.
MAKING A WARRANTY CLAIM
As a prerequisite to making any claim under this Limited Warranty, Buyer must give the Company written
notice of any suspected defect promptly after discovery. Such notice shall specifically identify the suspected
defect, the original delivery date and complete Buyer identification and location information. The Company
will not accept any Product for warranty service without receiving Buyer’s written notice and issuing a
return goods authorization. If requested by the Company, Buyer shall return the defective Product, or parts,
components or assemblies thereof, to the Company, F.O.B, Company’s designated location. All returned
Products or parts, components or assemblies thereof that are replaced under this Limited Warranty shall
become the property of the Company. The Company reserves the right to review Buyer’s maintenance and
operation records and procedures to determine if the alleged defect(s) were due to any of the items listed
in Sections 2 of this Limited Warranty. The Company shall not be liable for any claim under this Limited
Warranty if Buyer fails to satisfy the conditions set forth in this Section.
4.
EXCLUSIVE WARRANTY REMEDIES
a. Exclusive Repair or Replace Remedy
The Company’s sole obligation and Buyer’s exclusive remedy with respect to any defect in the Product
SECTION 8 | WARRANTY
MAINTENANCE & TROUBLESHOOTING
HB-1230
SUPO-678
REV B
36
occurring during the warranty periods set forth in Section 1 of this Limited Warranty shall be for the
Company, at its option, to repair or replace (or have one of its designated authorized dealers repair
or replace) the Product or part, component or assembly thereof that contains a defect in materials
or workmanship. The Company reserves the right, at its discretion, to use new, re-manufactured or
refurbished replacement parts. Notwithstanding anything in this Limited Warranty to the contrary, the
Company shall not be obligated to replace the entire Product if a covered defect can be remedied by the
repair or replacement of a defective part, component or assembly. The Company shall be responsible
for the cost of all parts and labor charges, up to the Maximum Labor Amount determined in accordance
with Section 4(b) of this Limited Warranty, necessary to remedy such defect.
b. Labor
Charges
If field repairs or parts replacement are necessary on any Product covered by this Limited Warranty, the
Company will reimburse its designated authorized dealer for those direct labor costs incurred to perform
such field repairs or parts replacement up to the maximum amount specified in the Company’s current
Field Service Rate (hereinafter, the “FSR”) or in any ‘Flat Rate Guides’ or similar agreement established
with the authorized dealer (such maximum amount shall be referred to in this Limited Warranty as
the “Maximum Labor Amount”). Current versions of the Company’s FSR and Flat Rate Guides are
incorporated by reference into this Limited Warranty. For a current copy of the Company’s FSR and Flat
Rate Guides, Buyer should contact the Company at 1-866-334-0756. Buyer shall be responsible for any
costs or fees due to the authorized dealer in excess of the Maximum Labor Amount.
5.
DISCLAIMER OF OTHER EXPRESS AND IMPLIED WARRANTIES
EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTION 1 ABOVE, THE COMPANY MAKES
NO OTHER REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCT, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-
PARTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH
EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. No employee or representative of the
Company or any of its authorized dealers is authorized to modify any term, condition or limitation in this
Limited Warranty unless such modification is made in writing and signed by an officer of the Company.
6.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING IN THIS WARRANTY TO THE CONTRARY, IN NO EVENT SHALL THE
COMPANY OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO BUYER FOR ANY INDIRECT,
SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS,
LOST REVENUE, DOWN TIME, LOSS OF BUSINESS OPPORTUNITY OR OTHER ECONOMIC LOSSES),
WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY)
OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITIES OF
SUCH DAMAGES.
Version of 2.1.13
SECTION 8 | WARRANTY
MAINTENANCE & TROUBLESHOOTING
HB-1230
SUPO-678
REV B
37
