Limited Warranty
Except for the Excluded Products as described below, all new products are warranted to be free
from defects in material and/or workmanship during the Warranty Period, in accordance with and
subject to the terms and conditions of this Limited Warranty.
1. Excluded Products. The following products are excluded from this Limited Warranty:
(a) Any cable, part that engages with the ground (i.e. sprockets), digging chain, bearing, teeth,
tamping and/or demolition head, blade cutting edge, pilot bit, auger teeth and broom brush
that either constitutes or is part of a product.
(b) Any product, merchandise or component that, in the opinion of Digga Australia, has been
(i) misused; (ii) modified in any unauthorized manner; (iii) altered; (iv) damaged; (v) involved in
an accident; or (vi) repaired using parts not obtained through Digga Australia.
2. Warranty Period. The Limited Warranty is provided only to those defects that occur during
the Warranty Period, which is the period that begins on the first to occur of: (i) the date of
initial purchase by an end-user, (ii) the date the product is first leased or rented, or (iii) the
date that is six (6) months after the date of shipment by Digga Australia as evidenced by the
invoiced shipment date (the “Commencement Date”) & ends on the date that is twelve
(12) months after the Commencement Date.
3. Terms and Conditions of Limited Warranty. The following terms and conditions apply
to the Limited Warranty hereby provided:
(a) Option to Repair or Replace. Digga Australia shall have the option to repair or replace the
product.
(b) Timely Repair and Notice. In order to obtain the Limited Warranty, (i) the product must be
repaired within thirty (30) days from the date of failure, and (ii) a claim under the warranty must
be submitted to Digga Australia in writing within thirty (30) days from the date of repair.
(c) Return of Defective Part or Product. If requested by Digga Australia, the alleged defective part or
product shall be shipped to Digga Australia at its manufacturing facility or other location
specified by Digga Australia, with freight PRE-PAID by the claimant, to allow Digga Australia
to inspect the part or product.
Claims that fail to comply with any of the above terms and conditions shall be denied.
LIMITATIONS AND EXCLUSIONS.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY BASED ON A COURSE
OF DEALING OR USAGE OF TRADE. IN NO EVENT SHALL DIGGA AUSTRALIA BE
LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES. IN NO EVENT SHALL DIGGA
AUSTRALIA BE LIABLE FOR ANY LOSS OR CLAIM IN AN AMOUNT IN EXCESS OF
THE PURCHASE PRICE, OR, AT THE OPTION OF DIGGA AUSTRALIA, THE REPAIR OR
REPLACEMENT, OF THE PARTICULAR PRODUCT ON WHICH ANY CLAIM OF LOSS OR
DAMAGE IS BASED. THIS LIMITATION OF LIABILITY APPLIES IRRESPECTIVE OF WHETHER
THE CLAIM IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE
OR OTHER CAUSE AND WHETHER THE ALLEGED DEFECT IS DISCOVERABLE OR LATENT.
PM-000102-A OCTOBER 2017
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