Terex Evoquip Bison 120, Руководство по эксплуатации

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Appendix B
Operations Manual
Bison 120
20-07-2018
Page B-3
Revision 2.0
ITEMS NOT COVERED BY SELLER WARRANTY
The following items are NOT covered under the Seller Warranty (the following list is not exhaustive):
1. Items sold by any individual, corporation, partnership or any other organization or legal entity that is not an authorized Seller distributor.
2. Components which are not manufactured by Seller are not covered by Seller’s warranty. Such components are covered only by the warranty that
is provided by the manufacturer of such components. Such components may include, but are not limited to, chassis, engines, air compressors,
batteries, tires, customer supplied products.
3. Replacement of assemblies: Seller has the option to repair or replace any defective part or assembly. It is Seller’s policy to refuse claims for the
replacement of a complete assembly that is field repairable by the replacement or repair of defective part(s) within the assembly.
4. Normal Operational Maintenance Services and Wear Parts: Maintenance services and wear parts are excluded from warranty claims. Maintenance
services and wear parts not covered include, but are not limited to, such items as: seals, gaskets, hoses, friction plates, glass, clutch and brake
linings, filters, wire rope, exterior coatings, proper tightening of bolts, nuts and fittings, adding or replacing of fluids, filter, breathers, belts, nozzles,
adjustments of any kind, services supplies such as hand cleaners, towels and lubricants, inspections, diagnostic time, travel time.
5. Transportation cost and/ or damage: Any damage caused by carrier handling is a transportation claim and should be filed immediately with the
respective carrier.
6. Deterioration: Repairs, work required or parts exposed as the result of age, storage, weathering, lack of use, demonstration use, or use for
transportation of corrosive chemicals.
7. Secondary Failures: Should the owner or operator continue to operate a machine after it has been noted that a failure has occurred, Seller will not
be responsible under the warranty for resultant damage to other parts due to that continued operation.
8. Workmanship of Others: Seller does not accept responsibility for improper installation or labor costs or costs of any kind from personnel other than
authorized Seller distributor personnel.
9. Stop and Go Warranty: Seller does not recognize “Stop and Go” warranties.
10. Incidental or Consequential Damage: SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PRODUCTION, INCREASED OVERHEAD, LOSS OF BUSINESS
OPPORTUNITY, DELAYS IN PRODUCTION, COSTS OF REPLACEMENT COMPONENTS AND INCREASED COSTS OF OPERATION THAT MAY
ARISE FROM THE BREACH OF THIS WARRANTY. Customer’s sole remedy shall be limited to (at Seller’s sole option) repair or replacement of the
defective part.
THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IM-
PLIED AND ALL OTHER STATUTORY, CONTRACTUAL, TORTIOUS AND COMMON LAW OBLIGATIONS OR LIABILITY ON SELLER’S PART ARE HEREBY
EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE LIMITED WAR-
RANTY CONTAINED HEREIN.
Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the sale of Seller’s Equipment. This warranty shall
not apply to any of Seller’s Equipment or any part thereof which has been subject to misuse, alteration, abuse, negligence, accident, acts of God or sabotage. No
action by any party shall operate to extend or revive this limited warranty without the prior written consent of Seller. In the event that any provision of this warranty
is held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
IN THE EVENT OF ANY BREACH OF THE WARRANTY BY SELLER, SELLER’S LIABILITY SHALL BE LIMITED EXCLUSIVELY TO THE REMEDIES (AT
SELLER’S SOLE OPTION) OF REPAIR OR REPLACEMENT OF ANY DEFECTIVE EQUIPMENT COVERED BY THE WARRANTY. IN NO EVENT SHALL
SELLER, OR ANY SUBSIDIARY OR DIVISION THEREOF BE LIABLE FOR ANY: (A) LOST PROFITS AND/OR BUSINESS INTERRUPTION (WHETHER
DIRECT OR INDIRECT); AND (B) INDIRECT, INCIDENTAL, CONSEQUENTIAL (WHETHER DIRECT OR INDIRECT) OR OTHER DAMAGES OR LOSSES OF
ANY KIND, RESULTING FROM ANY BREACH OF WARRANTY, REPRESENTATION OR CONDITION, EXPRESS OR IMPLIED, OR ANY OTHER TERMS OF
THIS WARRANTY, OR ANY BREACH OF ANY DUTY OR OBLIGATION IMPOSED BY STATUTE, CONTRACT, TORT OR COMMON LAW OR OTHERWISE
(WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE SELLER, ITS EMPLOYEES, AGENTS OR OTHERWISE), INCLUDING, WITHOUT LIMITA-
TION, LOSS OF USE, LOST PROFITS OR REVENUES, LABOUR OR EMPLOYMENT COSTS, LOSS OF USE OF OTHER EQUIPMENT, DOWNTIME OR
HIRE CHARGES, THIRD PARTY REPAIRS, IMPROPER PERFORMANCE OR WORK, LOSS OF SERVICE OF PERSONNEL, LOSS OF CONTRACT OR
OPPORTUNITY AND PENALTIES OF ANY KIND, OR FAILURE OF EQUIPMENT TO COMPLY WITH ANY APPLICABLE LAWS. THE SELLER’S LIABILITY
TO THE BUYER SHALL NOT IN ANY EVENT EXCEED THE PURCHASE PRICE OF THE EQUIPMENT, PROVIDED THAT NOTHING CONTAINED IN THIS
LIMITED PRODUCT WARRANTY SHALL OPERATE TO EXCLUDE THE SELLER’S LIABILITY FOR DEATH OR PERSONAL INJURY.