LIMITED PARTS WARRANTY FOR NEW PRODUCTS SOLD BY GRINDERCRUSHERSCREEN INC
What Does This Limited Parts Warranty Cover? As set forth more particularly below, GrinderCrusherScreen (“GCS”) warrants new equipment purchased directly from GrinderCrusherScreen (“the Equipment”) to be free from parts that are defective in materials or workmanship. This Limited Parts Warranty is subject to the limitations and conditions listed below.
Who Does This Warranty Cover? This Limited Parts Warranty applies only to the original “first purchaser” of the Equipment from GCS pursuant to a fully executed Sales Contract. The Limited Parts Warranty is NON-TRANSFERRABLE without GCS’s prior written consent. No person or entity that is not named in the Sales Contract is intended to be a beneficiary of this Limited Parts Warranty.
How Long Does This Warranty Coverage Last? This Limited Parts Warranty is valid for one (1) year from the date of the Sales Contract or until the original engine indicator reflects 1,000 hours of operation time, whichever occurs first. (the “Warranty Period”) Notwithstanding the foregoing, this Limited Parts Warranty shall expire immediately upon operation of the Equipment if the hour meter is not functioning properly.
What Does This Warranty Not Cover? This Limited Parts Warranty only applies to Covered Parts. Covered Parts are those parts that fail within the Warranty Period, that are not excluded below, and where the failure is the result of a manufacturing defect, and not the result of misuse, neglect, acts of nature, or other fault of the Purchaser. GCS is in no way responsible for, makes no warranty with regard to, and specifically excludes from this Limited Parts Warranty any and all liability for the following:
· The diesel or gasoline engine and engine parts or components. Engines and engine parts and components may be covered separately by a warranty from the Engine Manufacturer. To make a claim on an engine manufacturer warranty, Purchaser must contact the engine manufacturer, directly, and as set forth in any such warranty;
· Wear and tear parts and components such as hoses, belts, rubber tires, blades, linings, discs, batteries, nozzles, lubricants, fuels, liquids, coolants, or other materials and parts considered as consumables or wear and tear parts. Such excluded components include (a) items made of rubber, including but not limited to belting, skirting, tires, stars, or bushings; (b) items made of UHMW plastic, including but not limited to star wipes, hopper liners, or chain tensioners; (c) hammermill blades, rods, wood grinder teeth, wood grinder screens and wear plates; (d) piano wire screen inserts; (e) wire mesh screen panels; (f) filtration elements (e.g. oil, fuel, and air); and (e) brake drum linings. The foregoing is a non-exhaustive, illustrative list of excluded parts, and other wear and tear parts may not be covered under this Limited Parts Warranty. Purchaser is responsible for inquiring as to covered and non-covered parts at the time of purchase from GCS;
· Failure of equipment or parts due to improper maintenance, storage, or transport;
· Damage to non-covered Equipment or parts due to failure of a covered warranty item;
· Any non-factory installed parts;
· Parts repaired or work carried out without prior authorization by GCS;
· Any indirect or consequential damage or loss whatsoever, such as loss of profit, loss of production, downtime, business interruption, loss of business opportunity, capital costs, cost of substitute use, claims by third parties, damage to other equipment or parts, loss of use, or cost of transporting any equipment or part); and
· Any damage or injury to any person, property, or thing other than Covered Parts, irrespective of the cause of any such damage or injury, even if the damage or injury is caused for the failure of a Covered Part.
What Must You Do To Keep This Warranty In Effect? The Equipment must be operated, transported, stored, and maintained in accordance with instructions for the proper operation, transport, storage, and maintenance of the Equipment. This Limited Parts Warranty will immediately be and become null and void if GCS determines that the Equipment has been subjected to misuse, negligence, alterations, damage by accident, or damage by lack of required normal maintenance. GCS will consider any problem that develops and/or worsens due to a lack of routine equipment inspection or maintenance to be “User Negligence,” which User Negligence will immediately render this Limited Parts Warranty null and void. The failure to timely pay any invoice from GCS pertaining to the purchase or maintenance of the Equipment will immediately render this Limited Parts Warranty null and void.
How Do You Apply For Warranty Service? Any and all warranty claims must be submitted so that they are actually received by GCS in writing within TEN (10) days of the failure of a Covered Part and in any event, prior to the expiration of this Limited Parts Warranty. Time is of the essence as to every aspect of this Limited Parts Warranty. Claims must be submitted via email (sales@GrinderCrusherScreen.com) or by facsimile to (770-433-2669). Any continued use or operation of the Equipment following the failure of a Covered Part and prior to the authorized repair of the Equipment will render this Limited Parts Warranty null and void.
What Will GrinderCrusherScreen Inc. Do? The sole remedy available under this Limited Parts Warranty is the replacement of the Covered Parts. Upon receipt of Purchaser’s prompt warranty claim, GCS will evaluate the reported problem, decide upon a course of action, and notify you, the Purchaser, of its decision within a reasonable time after receipt of the warranty claim. All replaced parts become the sole property of GCS.
Notwithstanding anything contained herein to the contrary, if GCS determines that a failed part is covered by this Limited Parts Warranty, GCS will only provide you with a replacement part, and GCS is not responsible for service, repair, labor, delivery, or any other costs associated with replacement of the defective part(s).
Who Is Responsible For My Diesel or Gasoline Engine Warranty? Engines (including engine parts and components) are not warranted by GCS. The engine and engine components may be warranted by the applicable engine manufacturer. If there is an engine manufacturer warranty, you may have received documentation with your purchase of new equipment from GCS. That documentation may include a manual from the engine manufacturer that sets forth the terms and conditions of the manufacturer’s engine warranty.
How Are Warranty Disputes Handled? GCS considers a warranty claim fully resolved upon replacement of a Covered Part. If any dispute arises concerning this Limited Parts Warranty, Purchaser must first try to resolve the dispute with GCS, directly. By purchasing the Equipment from GCS, Purchaser agrees as follows:
A. Any dispute not resolved through informal negotiations between Purchaser and GCS shall be governed by and construed in accordance with the laws of the State of Georgia;
B. As to any such dispute, jurisdiction and venue shall only lie in the State and Federal Courts having jurisdiction in Cobb County, Georgia; and
C. As to any such dispute, Purchaser submits and waives any and all objections to personal jurisdiction and venue in the State and Federal Courts having jurisdiction in Cobb County, Georgia.
How Do The Laws Of My State Affect This Warranty? This Limited Parts Warranty grants you specific legal rights, but you may have other legal rights that vary from state to state. Purchaser is solely responsible for determining how Purchaser’s rights under this Limited Parts Warranty may be affected by state law. Notwithstanding the foregoing, by purchasing the Equipment from GCS, you intend and acknowledge that any dispute concerning your purchase, use or operation of the Equipment shall be governed, construed and enforced according to the laws of the state of Georgia.
EXCEPT FOR THE LIMITED PARTS WARRANTY SET FORTH ABOVE, GCS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY GOOD PURCHASED, ITS CONDITION, ITS MERCHANTABILITY, ITS FITNESS FOR A PARTICULAR PURPOSE, OR WITH RESPECT TO TITLE AND INFRINGEMENT. EXCEPT AS SET FORTH HEREIN, GCS SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PURCHASER EXPRESSLY DISCLAIMS AND COVENANTS NEVER TO SEEK OR PURSUE ANY CLAIM OR RIGHT TO ANY DAMAGES ARISING OUT OF THE PURCHASE, OPERATION, OR USE OF THE EQUIPMENT.
THIS LIMITED PARTS WARRANTY IS PART OF A SALES CONTRACT EXECUTED BY GCS AND PURCHASER. TOGETHER, THIS LIMITED PARTS WARRANTY AND THE SALES CONTRACT CONSITUTE THE ENTIRE AGREEMENT CONCERNING THE TRANSACTION THAT IS THE SUBJECT OF THE SALES CONTRACT AND ANY AND ALL OTHER OR PRIOR REPRESENTATIONS, NEGOTIATIONS, AGREEMENTS OR WARRANTIES ARE HEREBY DECLARED NULL, VOID AND OF NO FURTHER FORCE OR EFFECT. MOREOVER, NEITHER THIS SALES CONTRACT NOR THIS LIMITED PARTS WARRANTY CAN BE MODIFIED EXCEPT BY WRITTEN AGREEMENT SIGNED BY GCS AND PURCHASER.