Profila Operator’s Manual Warranty
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12
Warranty
All new Digga products are warranted to be free from defects in materials or
workmanship which may cause failure under normal usage and service when used
for the purpose intended.
In the event of failure within twelve (12) months from initial retail sale, lease or rental
date (excluding cable, ground engaging parts such as sprockets, digging chain,
bearings, teeth, tamping and demolition heads, blade cutting edges, pilot bits, auger
teeth, auger heads & broom bristles), if after examination, Digga determines failure
was due to defective material and/or workmanship, parts will be repaired or replaced.
Digga may request defective part or parts be returned prepaid to them for inspection
at their place of business at Stapylton, Queensland, or to a location specified by
Digga.
Any claims under this warranty must be made within fifteen (15) days after the Buyer
learns of the facts upon which such claim is based. All claims not made in writing and
received by Digga within the time period specified above shall be deemed waived.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR
IMPLIED AND THERE ARE NO WARRANTIES OF MERCHANTABILITY OR OF
FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DIGGA BE
LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGE.
DIGGA'S LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES TO BUYER,
RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING DIGGA'S
NEGLIGENCE, IRRESPECTIVE OF WHETHER SUCH DEFECTS ARE
DISCOVERABLE OR LATENT, SHALL IN NO EVENT EXCEED THE PURCHASE
PRICE OF THE PARTICULAR PRODUCTS WITH RESPECT TO WHICH LOSSES
OR DAMAGES ARE CLAIMED, OR, AT THE ELECTION OF DIGGA, THE REPAIR
OR REPLACEMENT OF DEFECTIVE OR DAMAGED PRODUCTS.
