Introduction
Warranty
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doc072919
Introduction
FIVE YEAR LIMITED CHASSIS WARRANTY
The limited five year chassis warranty, described above, DOES NOT extend to (a) any damage stemming
from accident, improper towing, overload, abuse, misuse, abnormal conditions, negligence, excessive opera-
tion, or lack of maintenance, (b) rust caused by exposure to corrosive atmospheric conditions, or (c) the saw-
mill head, carriage, axle, brakes, or any hydraulic or electrical components attached to the chassis.
WARRANTOR’S OBLIGATIONS AS TO DEFECTS
In the event that the equipment fails to perform due to defective materials or workmanship attributable to War-
rantor under normal use and service within the established warranty period, Purchaser’s sole and exclusive
remedy and Warrantor’s sole liability shall be to replace or repair, in Warrantor’s sole and subjective discre-
tion, any defective part at Warrantor’s principal place of business without cost to the Purchaser if such defect
exists. The determination of whether a product is defective shall be made by Warrantor in Warrantor’s sole
and subjective discretion. The Purchaser must notify Warrantor prior to shipping any defective part. Warran-
tor, at its sole discretion, may cover expenses incurred in shipping the defective part to Warrantor for evalua-
tion; provided, however, that Warrantor will not be responsible for labor, travel time, mileage, removal,
installation, and/or incidental or consequential damages. However, any part in excess of 140 pounds must be
returned by the Purchaser to the Warrantor’s nearest authorized facility at the Purchaser’s expense, if return
is requested by Warrantor. Warrantor shall have a reasonable time within which to repair or replace the defec-
tive part. If Warrantor determines that the product is not defective under the terms of this warranty in Warran-
tor’s sole and subjective discretion, then Purchaser shall be responsible for any expenses incurred by
Warrantor in returning the equipment to the Purchaser.
LIMITATIONS AND DISCLAIMERS OF OTHER WARRANTIES
EXCEPT FOR THE EXPRESS WARRANTY PROVISIONS STATED ABOVE, WARRANTOR DISCLAIMS
ALL WARRANTIES, EXPRESS AND/OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NONIN-
FRINGEMENT AND TITLE. No representation or other affirmation of fact by representatives of Warrantor,
whether verbal or in writing, including photographs, brochures, samples, models, or other sales aids, shall
constitute a warranty, or any other basis, for any legal action against Warrantor. There are no other represen-
tations, promises, agreements, covenants, warranties, guarantees, stipulations or conditions, expressed or
implied, by Warrantor, except as expressly set forth herein. THE ORIGINAL PURCHASER AND ANY
INTENDED USER OR BENEFICIARY OF THIS EQUIPMENT, SHALL NOT BE ENTITLED TO RECOVER
ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR INCIDENTIAL
DAMAGES OR LOSES, INCLUDING BUT NOT LIMITED TO, DAMAGES OF LOST PRODUCTION, LOST
REVENUE, LOST PRODUCT, LOST PROFITS, LOST BUSINESS, LOSS OF USE, LOSS OF GOODWILL,
OR BUSINESS INTERRUPTION, FROM WARRANTOR FOR ANY REASON WHATSOEVER INCLUDING,
WITHOUT LIMITATION, WARRANTY OR DEFECT IN THE PRODUCT REGARDLESS OF THE SOLE,
JOINT, AND/OR CONCURRENT NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY,
STRICT LIABILITY IN TORT OR STATUTORY CLAIMS, OR OTHER LEGAL FAULT, OR RESPONSIBILITY
OF EITHER WARRANTOR OR PURCHASER OR ITS EMPLOYEES OR AGENTS. Warrantor does not war-
rant that its equipment meets or complies with the requirements of any particular safety code or governmental
requirements.
Defective items, replaced under the terms of this warranty, become the property of Warrantor.
DESIGN CHANGES
Warrantor reserves the right to change the design of its products from time to time without notice and without
obligation to make corresponding changes in or to its products previously manufactured.
RIGHTS OF PURCHASERS
The validity and effect of this limited warranty, as well as its interpretation, operation and effect, shall be deter-
mined exclusively by the principles of law and equity of the State of Indiana, USA. This limited warranty gives
Purchaser specific legal rights. Purchaser may also have other rights, which may vary from state to state.
Some states may not allow limitations as to the duration of implied warranties or to the exclusion or limitation