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WARRANTY PWCE
The Equipment and attachments are sold by PWCE under the
warranty set forth in the following paragraph. Such warranty is extended
only to the buyer who purchases the equipment directly from PWCE or one
of its dealers as new merchandise for one year, parts only. All warranty
claims must be made to PWCE in advance of any repairs. Buyer agrees to
indemnify and hold harmless PWCE, its owners, employees, or agents from
any and all charges and expenses arising from any and all claims of any
nature from Buyer, Buyer's insurance company, employees, owners, agents,
clients, or any third party resulting in any expense to PWCE beyond the
limited warranty below.
In addition, this limited warranty may not apply to engines,
batteries, tires, which are not manufactured by PWCE, as they are covered
by the manufacturer's warranty. PWCE reserves the right to make design
and specification changes on future equipment without notice and without
obligation on its part to present owners.
For the time period indicated, after delivery by PWCE,
this equipment is warranted to be free from manufacturing defects, provided
that the same is properly operated under conditions of normal use and that
regular periodic maintenance is performed or replacements made. All warranty
claims must be approved in writing by PWCE or by an authorized PWCE representative
inspecting the attachments. Photographs showing the reason for the claim
must document all warranty claims submitted to PWCE. PWCE 's sole obligation
under this warranty is limited to replacing equipment or parts which are
returned to it at its Goodfield location, transportation charges prepaid,
and which, upon PWCE's examination are, in the sole and final discretion
of PWCE, found to be defective. The option of repair or replacement will
be at the discretion of PWCE. PWCE shall not be liable for any injury or
damage caused to any persons, place, thing or machine by reason of the
installation, use or mechanical failure of any attachment manufactured
by PWCE or otherwise, or any special, indirect, incidental or consequential
damages arising therefrom to the customer or anyone else, whether arising
in tort or in contract, nor will PWCE be liable for any damages or penalties
for delivery of its product to the customer.
The foregoing warranty shall not apply to normal wear
or to damage resulting from accident, abnormal use, misuse, abuse, or neglect,
or to any attachments that have been improperly applied, improperly installed
or modified without written authorization from PWCE. PWCE makes no warranty
of merchantability or of fitness for a particular purpose in respect to
this equipment. Prices and specifications subject to change without notice.
GOVERNING LAW, FORUM, AND VENUE
This agreement and the rights and obligations of the parties
hereunder shall in all respects be governed by, and construed in accordance
with, the internal laws of the State of Illinois (without regard to the
conflict-of-laws principles of such state), including all matters of construction,
validity, and performance. In the event of litigation pertaining to this
Agreement, the exclusive forum, venue and place of jurisdiction shall be
in the state of Illinois.
WARRANTY REPLACEMENT PROCEDURE
All parts to be returned, which failed within the warranty
period or not, must be tagged with an RGA (returned goods authorization)
number. To obtain an RGA number, contact PWCE with the model and ID number
of equipment and a brief description of the part being returned. Upon receipt
at Goodfield, shipping prepaid by customer, the part will be inspected.
If inspection indicates failure was due to defect of material or workmanship,
and the part failed during the warranty period, the part will be repaired
or replaced and shipped prepaid by PWCE via UPS ground service. IF a warranty
or exchange part is not received within 30 days after the RGA is issued,
the customer must pay for the part.
No warranty consideration will be given on parts not tagged
with an RGA number.
No warranty consideration will be given on parts showing evidence of tampering
or disassembly.
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