Rotochopper Standard 12-Month Limited Warranty for New Equipment - Rotochopper

Rotochopper Standard 12-Month Limited Warranty for New Equipment

  1. Limited Warranty. During the period commencing on the date of delivery to the initial purchaser, of the goods and/or equipment (the “Machine”) ordered from Rotochopper, Inc., a Delaware corporation (“Rotochopper”) and continuing thereafter for the succeeding twelve (12) consecutive months, or two thousand (2,000) hours of use, whichever occurs first, (the “Limited Warranty Period”), Rotochopper warrants to the initial purchaser of the Machine that the Machine will be free from substantial defect in material or workmanship, subject to the terms provided for below (collectively the “Warranty Terms”), as well as Rotochopper’s Standard Terms and Conditions.
      1. Warranty Exclusions and Limitations.
        1. Limited Remedy. Subject to the Warranty Terms, during the Limited Warranty Period, Rotochopper shall at its sole option, repair or replace any defective materials or parts on the Machine covered by the Limited Warranty with a conforming replacement product or part. Any replacement products or parts provided under the Limited Warranty are warranted for the remainder of the original Limited Warranty Period, as if such replacement products or parts were original Machine components. Rotochopper’s warranty service may be performed at the Machine’s location or at Rotochopper’s factory, as solely determined in Rotochopper’s discretion. If service is provided at the Machine’s location, the initial purchaser is responsible for providing Rotochopper and its agents with adequate and safe access to and around the Machine for Rotochopper to satisfactorily perform and complete the service and repairs. For all service at Rotochopper’s factory, the initial purchaser shall be solely responsible for all shipping costs and expenses to ship the Machine to and from Rotochopper’s factory. Rotochopper’s sole obligation under this Limited Warranty is to, at its option, repair or replace the defective parts or materials which prove to be defective within the Limited Warranty Period or, at its option, to issue an equitable credit or refund of the price of such defective parts or materials.
        2. Excluded Components. Notwithstanding the foregoing, Rotochopper does not warrant and the Limited Warranty does not include or cover any of the following:
            1. the engine and/or the primary electric motor, starter or drive; with respect to such components, the initial purchaser must obtain warranty coverage, if any, solely from the original equipment manufacturer of such components and the initial purchaser must register the warranty and direct complaints or claims to the original equipment dealer;
            2. consumable items or wearable parts such as, without limitation, fuel, oil, fluids, tires, grinder teeth, feeder pans, screens, drive chains, conveyors belts, drive belts and hoses;
            3. any labor costs; the cost to install replacement parts must be paid by the initial purchaser (even if such replacement parts are covered under the Limited Warranty); and
            4. any transportation charges, duties, taxes or freight, which shall be the initial purchaser’s sole responsibility, which shall include, but not be limited to the costs of shipping the Machine to and from Rotochopper for warranty services.
        3. Warranty Limitations. Notwithstanding anything elsewhere apparently to the contrary, Rotochopper shall have no liability whatsoever, and the foregoing Limited Warranty shall be null and void, if the Machine is subject to any unauthorized repair or modification, negligence, abuse, accident, inappropriate application or any operation after discovery of defective or worn part(s), operation with improper, inadequate or contaminated fuel or oil, operation contrary to Rotochopper operating and maintenance instructions, substitution of parts not authorized by Rotochopper or improper or inadequate maintenance. Rotochopper shall also not be responsible for any expense or damage caused from or arising out of use of any contaminated material, including, but not limited to steel, cement, stone or other contaminates. The Limited Warranty is effective only upon payment in full for the Machine and extends only to the initial purchaser, and may not be transferred without Rotochopper’s prior written consent. The Limited Warranty may be amended, revised, modified or terminated by Rotochopper for future Machine sales at any time, in Rotochopper’s discretion, without prior notice. No employee, representative, agent, dealer, reseller, salesperson or other person is authorized to modify, vary, extend, amend or change this Limited Warranty or provide any other warranty. The initial purchaser must promptly return to Rotochopper or make available for inspection by Rotochopper, all failed or defective Machine parts or materials to be eligible for Limited Warranty service. Rotochopper will not provide any service or payment under this Limited Warranty without Rotochopper’s receipt of written notification of a warranty issue within the Limited Warranty Period and Rotochopper first authorizing and verifying such claim to the initial purchaser in writing.
  2. DISCLAIMER OF ALL OTHER WARRANTIES. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, AND ROTOCHOPPER SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE USE AND CONDITIONS CAN VARY, ROTOCHOPPER MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER AS TO PERFORMANCE OF THE MACHINE, OR WHETHER THE MACHINE IS APPROPRIATE FOR A PARTICULAR APPLICATION. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
  3. LIMITATION OF ROTOCHOPPER LIABILITY. NOTWITHSTANDING ANYTHING ELSEWHERE APPARENTLY TO THE CONTRARY, IN NO EVENT SHALL ROTOCHOPPER BE LIABLE FOR ANY LOST PROFITS, LOSS OF PRODUCTION, LOSS OF MATERIALS, INCREASED EXPENSES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, EVEN IF ROTOCHOPPER WAS ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. ALL CLAIMS FOR SUCH LOSS OR DAMAGE ARE EXPRESSLY WAIVED.  THE PARTIES ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE TRANSACTION AND THE PRICE WOULD BE MUCH HIGHER IF THIS LIMITATION WAS ELIMINATED.

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