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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 (“RMA 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.
