19
WARRANTY
Miller-St. Nazianz, Inc.
warrants new Running Gear to be free from defects in material and
workmanship under recommended use and service, as stated in the Operator’s Manual,
as follows:
1.
Base Warranty
. Miller will replace, F.O.B. St. Nazianz, Wisconsin, or repair, as
Miller elects, any part of a new Running Gear which is defective in material or
workmanship:
(a)
without charge for either parts or labor during the first year
following delivery to the original retail customer; and
(b)
without charge for parts only (not labor) during the second
year following delivery to the original retail customer.
The warranty period for equipment used for commercial, industrial, lease, rental and
custom operation or any non-agricultural use is limited to 90 days from date of delivery
to the first retail purchaser.
All warranties on the new running gear shall apply only to the original retail purchaser from
an authorized dealer.
Repair Parts
Miller warrants that it will replace, F.O.B. St. Nazianz, Wisconsin, or repair, as Miller elects,
without charge, any genuine Miller spare part purchased after the expiration of the new
running gear warranty, or to any subsequent owners, that is defective in material or
workmanship, within ninety (90) days of the installation date.
Misuse
The provisions of this warranty shall not apply to any running gear which has been subject
to misuse, negligence, alteration or accident, or which shall have been repaired with parts
other than those obtainable through Miller.
Authorized Dealer
Repairs eligible for labor warranty must be made by Miller or an authorized dealer. The
purchaser is responsible for transportation of the equipment to the dealership for warranty
service or for any service call expense.
Exclusive Effect of Warranty and Limitation of Liability
The remedies of the customer set forth herein are exclusive. Miller neither assumes nor
authorizes any person to assume any other obligation or liability in connection with the sale
of covered equipment. Correction of defects and malfunctions in the manner and for the
applicable period of time provided above, shall constitute fulfillment of all responsibilities
of Miller to the customer and Miller shall not be liable for negligence, under contract, or in
any other manner with respect to such equipment. IN NO EVENT SHALL THE OWNER
BE ENTITLED TO RECOVER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH
AS BUT NOT LIMITED TO. LOSS OF CROPS, LOSS OF PROFITS OR REVENUE, OTHER
COMMERCIAL LOSSES, INCONVENIENCE OR COST OF RENTAL OF REPLACEMENT
EQUIPMENT.
THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PURPOSE OR OTHER WARRANTIES, EXPRESS OR IMPLIED.
Warranty Requirements
To be covered by warranty, each machine must be properly registered with Miller within 30
days of date of original retail delivery.