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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.
LIVESTOCK EQUIPMENT
Victory, Cattleman’s, Heavy Duty and Super Six steel construction livestock gates
labeled through the Company’s “Lifetime Guarantee Gate Program” (“Lifetime
Guaranteed Gates”) Lifetime
All Poly Products 2 years
Post Puller/Pounder Consumer Use 1 Year
Commercial or Government Use 6 Months
All Other Livestock Equipment, including Bulk Bins and all Livestock Gates that are not
labeled through the “Guarantee Gate Program” as provided above 1 Year
Exclusions specific to Livestock Equipment: Damage or loss of any kind from (1) storage of feed products that are not free-flowing or that have a
density greater than 40 pounds per square foot; and (2) the storage of materials other than free-flowing livestock feed.
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.
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. LIFETIME GUARANTEED GATES. The Limited Warranty for New Sioux Steel Company Products shall apply to the Lifetime Guaranteed Gates
(“Gates”) for the life of the original purchaser with the exception of Section D above. Sioux Steel does not warrant and is not responsible for the
following: (1) modification or alteration of the Gates; (2) cosmetic damage, normal wear and tear or damage that does not hinder the functionality of the
Gates, including fading of the color; (3) damage caused by use for purposes inconsistent with its intended purpose or design; (4) damage due to use of
any parts or components not supplied by the Sioux Steel.
F. 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.
G. 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.
H. 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.
I. 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.