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for new Modern Manufacturing
Galvanized 12’ Predator Rotary Cutter
A. Limited Warranties
Modern Manufacturing warrants any new Modern Manufacturing implement, purchased from an authorized Modern
Manufacturing dealer, to the original non-comercial, state or municipal purchaser (“Purchaser”) for a period not to exceed one (1) year from
original purchase date, to be free from defects in material and workmanship.
Further, The Modern Manufacturing Galvanized 12’ Predator (“Cutter”) rotary cutter will be covered by the Double-Diamond Limited Warranty.
This warranty provides a
À
ve (5) year limited gearbox warranty and a ten (10) year limited “ desk rust thru”
warranty. Under these warranties, Modern Manufacturing’s obligation to the original purchaser is limited to the repair or
replacement of any parts found to be defective in material or workmanship under normal use and service during the applicable warranty item.
Warranty services must be performed by a dealer or service center authorized by Modern Manufacturing using only new or remanufactured
parts or components furnished by Modern Manufacturing. Modern Manufacturing reserves the right to inspect any and all parts which are
claimed to have been defective in material and workmanship. Modern Manufacturing makes no warranty as to the design, capacity or suit-
ability for the use of the implement .
B. Limited Warranty Service
To receive warranty service , the Purchaser must return the Registration and Warranty Card to Modern Manufacturing within 30 days of origi-
nal purchase. Purchaser must report claim, in writing, to the authorized Modern Manufacturing dealer from whom the Purchaser purchased
the implement originally or an approved Modern Manufacturing dealer within 30 days after the Purchaser discovers the circumstance for the
basis of the claim. The purchaser (“at his expense”) will be responsible for any service call and/or the return to and from the dealer’s or service
center’s place of business. After examination of claim, if Modern
Manufacturing
À
nds the part(s) or workmanship to be defective, Modern Manufacturing will repair or replace defective goods of part(s) or
reimburse Purchaser for the cost of the part(s) and reasonable labor charges. The choice will be solely decided by Modern Manufacturing.
C. Not Covered By Warranty
The limited warranty does not cover any good or part(s) that have been subjected to improper or abnormal use,
À
re, negligence, abuse, altera-
tion, modi
À
cation, accident, lack of improper maintenance, use of wrong oil or lubricants. This limited warranty does not apply to expendable
items such as blades, shields, guards, pneumatics tires or any normal maintenance parts or service. The
Double-Diamond
Limited Gearbox
Warranty does not cover wear items such as teeth, chains, sprockets, belts, springs, gearbox lubricant, hydraulic
Á
uid or any other items that
in the company’s sole judgement is a wear item.
The
Double-Diamond
Limited “deck rust thru” Warranty does not cover surface rust caused by loss of galvanizing due to external forces such
as scrapes, dents, extreme friction and/or wear, deformity due to accidents or abuse. Except as provided herein, no employee, agent, Dealer,
or other person is authorized to give any warranties of any nature on behalf of Modern Manufacturing.
D. Disclaimer Of Implied Warranties & Consequential Damages
To the extent permitted by law, neither Modern Manufacturing or any other company af
À
liated with it makes any warranties, representations
or promises as to the quality, performance of freedom from defect of the implements covered by this warranty. THIS INCLUDES IMPLIED WAR-
RANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT APPLICABLE, SHALL BE LIMITED IN DURATION
TO THE APPLICABLE PERIOD OF WARRANTY SET FORTH ON THIS PAGE. THE PURCHASER’S ONLY REMEDIES IN CONNECTION WITH THE
BREACH OR PERFORMANCE OF ANY WARRANTY ON THE MODERN MANUFACTURING IMPLEMENTS ARE THOSE SET FORTH ON THIS PAGE.
IN NO EVENT WILL MODERN MANUFACTURING, THE DEALER OR ANY COMPANY AFFILIATED WITH MODERN MANUFACTURING BE LIABLE
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Such incidental and consequential
damages shall include but not be limited to: transportation charges other than normal freight charges; cost of installation other than cost ap-
proved by Modern Manufacturing; duty; taxes; charges for normal service or loss of crops or any other loss of
income; rental of substitute equipment, expenses due to loss, damage, detention or delay in the delivery of equipment or parts resulting form
acts beyond Modern Manufacturing’s control.
E. Miscellaneous
Proper venue for any lawsuits arising from or related to this limited warranty shall only be in Jefferson County, Texas. Applicable law may
provide rights and bene
À
ts to the Purchaser in addition to those provided herein. If any provision of this limited warranty shall violate any
applicable law and is held to be unenforceable , then the invalidity of such provision shall not invalidate any other provisions herein.
Modern Manufacturing may waive compliance with any of the terms of this limited warranty, but no waiver of any terms shall be deemed to
be a waiver of any other term
MODEL______________________________ SERIAL # ___________________________________
DEALER______________________________
DATE
DELIVERED___________________________
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