59
N
EW
P
RODUCT
W
ARRANTY
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
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. Sioux Steel will not be responsible for motor repair or replacement. For informational purposes only, with regard
to Secondary Containment Systems, the vendors below offer the following warranty periods:
Cooley Cool Guard 36 Mil Materials
10 Years, Prorated
Cooley Cool Pro 36 Mil Materials
15 Years, Prorated
Ravens Rufco 20,30, & 40 Mil Materials
5 Years, Prorated
Ravens Rufco EB25BS
15 Years, Prorated
Ravens Duraskrim 30, 36 & 45 Mil Materials
20 Years, Prorated
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 (“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.
