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RODUCT
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ARRANTY
G
RAIN
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LIMITED
WARRANTY
FOR
NEW
SIOUX
STEEL
COMPANY
PRODUCTS
A. GENERAL PROVISIONS. “Sioux Steel” means Sioux Steel Company, 196 1/2 East Sixth Street, Sioux Falls, South Dakota 57104. The
warranties described below are provided by Sioux Steel to the original purchasers of new products purchased from Sioux Steel or from an authorized
Sioux Steel Dealer (the “Products”). Under these warranties, Sioux Steel will, at its option, repair or replace at its factory any Product covered under
these warranties which is found to be defective in material and workmanship during the applicable warranty term or refund the purchase price paid for
the defective Product. Customer will be responsible for labor charges for removing the defective Product and reinstalling the repaired or replacement
Product, any premium charge for overtime labor requested of Sioux Steel and shipping charges to and from Sioux Steel’s factory. These warranties
are not transferrable.
B. WARRANTY PERIOD. Subject to exclusions and limitations set forth herein, each new Product is warranted for the number of years specified
below. Each warranty term begins from the date of purchase regardless of delay in receipt of the Product by Customer due to the time required to
process, handle, ship, assemble, construct and install the Product. Customer must retain proof of the date of purchase. Replacement parts for and
repairs to the Product will be warranted only for the remainder of the original warranty term. The replacement parts for or repairs to the Product will
not extend the warranty term beyond the original warranty term. Products described below include all parts, components and accessories.
GRAIN BINS
Farm Use Grain Bins
10 Years
Commercial Use Grain Bins
5 Years
Centrifugal Fans, Axial Fans and Axial Heaters
2 Years
Bin Accessories, including Bucket Elevators, Conveyors, Cage and Ladder Systems, Catwalks and Towers,
Grain Dryers and Peak Walk-Arounds.
1 Year
New Daay Paddle Bin Sweep
1 Year
Daay Power Sweep
1 Year
Exclusions specific to Grain Bins: Damage or loss of any kind from (1) excessive vacuum or internal pressure from the operation of fans in an empty
grain bin and from the blockage of air passages for any reason including, but not limited to, the blockage of roof vents and discharge louvers by ice
and snow; (2) a failure to properly compact and engineer soils; (3) a failure to properly construct footings and foundations; and (4) exposure to
conditions in excess of, or not meeting, as the case may be, the wind and snow load requirements of each grain bin model.
C. ITEMS COVERED SEPARATELY. The Sioux Steel warranties do not cover any parts, components or materials that are part of the Product, or
used in conjunction with the Product, that are not manufactured by Sioux Steel. Such parts, components and materials will be subject to the
warranties provided by the manufacturer, if any. Manufacturers of electric motors provide warranty service only through authorized service centers.
Service center locations are identified on the World Wide Web at
www.baldor.com
. Sioux Steel will not be responsible for motor repair or
replacement.
D. WHAT IS NOT WARRANTED. Sioux Steel does not warrant and is not responsible for the following: (1) used products; (2) modification or
alteration of the Products; (3) Products that have not been properly installed or not installed in accordance with the instruction manual, improper
assembly, or improper construction by any persons other than Sioux Steel employees; (4) depreciation, damage or loss caused by the use of parts,
components or accessories not provided by Sioux Steel, unauthorized repairs, normal wear, lack of necessary and proper maintenance, a failure to
follow operating instructions/recommendations, misuse, lack of proper protection during storage, vandalism or theft, exposure to the elements or
corrosive materials, accidents or acts of nature including lightning, flooding, hail, straight winds and tornadoes; and (5) cosmetic damage or damage
that does not hinder the functionality of the Products.
E. LIMITATIONS OF WARRANTIES AND CUSTOMER’S REMEDIES. To the extent permitted by law, neither Sioux Steel, the Dealer nor any
person or company affiliated with either of them makes any warranties, representations, conditions or promises express or implied as to the quality,
performance or freedom from defects of the Products covered by these warranties other than those set forth herein. THERE ARE NO IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SIOUX STEEL, THE DEALER, NOR ANY
PERSON OR COMPANY AFFILIATED WITH EITHER OF THEM WILL BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, LOST PROFITS AND REVENUES, LOST USE OF THE PRODUCTS OR ANY OTHER
PROPERTY, BODILY INJURY OR PROPERTY DAMAGE CLAIMS OF ANY PERSON, LOST COMMODITIES, REMOVAL OR STORAGE COSTS
FOR THE PRODUCTS, OTHER EQUIPMENT AND COMMODITIES, DAMAGE TO THE ENVIRONMENT ARISING FROM OR IN ANY MANNER
RELATED TO ANY RELEASE OF HAZARDOUS MATERIALS, AND REMEDIATION EXPENSES THEREFORE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL BASIS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
INSTANCE WILL SIOUX STEEL, THE DEALER OR ANY PERSON OR COMPANY AFFILIATED WITH EITHER OF THEM BE LIABLE TO
CUSTOMER OR ANY PERSON IN AN AMOUNT IN EXCESS OF THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT.
F. NO DEALER WARRANTY. THE DEALER HAS NO AUTHORITY TO MAKE ANY WARRANTY, REPRESENTATION, CONDITION OR
PROMISE ON BEHALF OF SIOUX STEEL, OR TO MODIFY THE TERMS OR LIMITATIONS OF THIS WARRANTY IN ANY WAY.
G. GOVERNING LAW/VENUE. These warranties, and all terms set forth herein, are governed by the laws of the State of South Dakota and, where
applicable, the laws of the United States of America. Any and all disputes arising from these warranties, the purchase and use of the Products, bodily
injury and property damage claims or otherwise must be venued in the South Dakota Circuit Court sitting in Minnehaha County, South Dakota.
Customer agrees to such venue and waives any challenge to such court’s jurisdiction based upon lack of personal jurisdiction or inconvenience.
H. SECURING WARRANTY SERVICE. In order to receive warranty services, customer must give Sioux Steel written notice of a warranty claim
within 30 days of the date of discovery of the defective materials or workmanship, and Customer must complete the following steps:
(1)
Obtain from Sioux Steel a Return Goods Authorization Number (“RGA Number”) by calling the Customer Service
Department at 1-800-557-4689, and providing the following information:
An explanation as to why the Product is being returned.
The name of the territory representative, Dealer or Sioux Steel salesperson from whom the Product was
purchased.
The Dealer’s identification number.
The invoice number and date of purchase.
Customer’s name, phone number, fax number, mailing address and email address.
The date that the Product will be returned.
(2)
Pay the shipping charges to ship the Product to Sioux Steel’s factory, and the return shipping charges.
(3)
Ship the Product to Sioux Steel at 196 1/2 East Sixth Street, Sioux Falls, South Dakota 57104.
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