Warranty for New Equipment:
Company warrants that new Equipment manufactured by Company and delivered hereunder will be free of defects in material and workmanship for the periods of time specified in the applicable limited warranty statements of Company for such Equipment, each of which is hereby incorporated herein by reference. Unless otherwise specified in writing by Company, aftermarket accessories will be free of defects in material and workmanship for six (6) months from the date of shipment and service parts will be sold “AS-IS”.
Warranty for Used Equipment:
To the extent that Purchaser is not the original purchaser of Equipment, COMPANY HEREBY REVOKES THE BATTERY PORTION OF
THE ORIGINAL MANUFACTURER WARRANTY FOR EQUIPMENT WITH A MODEL YEAR MORE THAN ONE (1) YEAR OLDER THAN THE CURRENT EQUIPMENT MODEL YEAR, REGARDLESS OF ANY LANGUAGE TO THE CONTRARY CONTAINED WITHIN SUCH LIMITED WARRANTY STATEMENT OR ELSEWHERE, AND SUCH WARRANTY IS HEREBY MADE NULL AND VOID. ALL USED EQUIPMENT IS SOLD “AS-IS, WHERE-IS, WITH ALL FAULTS.” PURCHASER SHALL COMMUNICATE THIS CANCELLATION OF THE ORIGINAL MANUFACTURER’S WARRANTY TO PURCHASER’S CUSTOMERS IN ADVANCE OF THE SALE OF THE EQUIPMENT.
Notwithstanding the preceding sentence, if the applicable sales invoice accompanying this contract affirmatively and definitively denotes that the Equipment is covered by a warranty, that warranty shall be Company’s standard pre-printed limited Remanufactured warranty in effect at the time of sale, a copy of which is available upon request (the “Applicable Warranty Statement”). All such warranty statements (as they may be modified or updated from time to time by Company) are hereby incorporated by reference.
Warranty Generally:
EXCEPT FOR THE FOREGOING WARRANTIES CONTAINED IN THE APPLICABLE SECTION 7, 8, OR 9 HEREOF (IF ANY) AND THE WARRANTY OF CLEAR AND MARKETABLE TITLE, COMPANY MAKES NO OTHER REPRESENTATIONS, CONDITIONS OR WARRANTIES EXPRESS OR IMPLIED AND ALL IMPLIED WARRANTIES, INCLUDING THOSE RELATING TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
Purchaser shall be obligated to promptly report any failure to conform to the applicable warranty to Company in writing within the applicable warranty period, whereupon Company shall, at Company’s option, correct such nonconformity by suitable repair to such Equipment or furnish a replacement part
FOB point of shipment, provided Purchaser has stored, installed, maintained, and operated such Equipment in accordance with reasonable industry practices and has complied with specific recommendations and the operator manual(s) of Company. Company shall not be liable for any repairs, replacements, or adjustments to the Equipment or any costs of labor performed by Purchaser or others without Company’s prior written approval.
The effects of corrosion, erosion, and normal wear and tear are specifically excluded from Company’s warranty. Performance warranties, if any, are limited to those specifically stated within Company’s proposal. Unless responsibility for meeting such performance warranties is limited to specified shop or field tests, Company’s obligation shall be to correct in the manner and for the period of time provided in the applicable warranty.
Correction by Company of nonconformities whether patent or latent, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Company for such nonconformities, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise with respect to or arising out of such Equipment.
