Grain-Vac Warranty - Walinga Grain-Vac 7614F Operator's Manual

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Table Of Contents

Table of Contents

For Farm Use Only, The Seller warrants to the Buyer that the Equipment manufactured by

the Seller will be free from defect in material, workmanship and title for a period of one

(1) year from the date of delivery to the Buyer. This warranty is subject to the following:

a) The Seller's obligation under said warranty shall be limited to repairing or replacing (at the Seller's

option) EXW (ExWorks) Guelph, Ontario, Canada, any part of the Equipment which, if properly

installed, used and maintained, proves defective in material or workmanship, provided that notice

of any such defect and satisfactory proof thereof is promptly given by the Buyer to the Seller;

b) All costs of the installation or transportation pursuant to this warranty are for the account of

the Buyer;

c) The obligations set forth in this clause are conditional upon:

i. Proper storage, installation (except where installation is supervised by or performed by the

Seller), use, maintenance and compliance with any applicable recommendations of the Seller;

and,

ii. The Buyer promptly notifying the Seller of any defect and obtaining authorization prior to

proceeding with repairs, and if required, promptly making the goods available for correction;

d) In respect of any Equipment or part thereof supplied hereunder which are manufactured by

others, the Seller gives no warranty whatsoever, and the warranty given by the manufacturer,

if any, shall apply;

e) The Seller shall not be liable for any cargo loss, loss of equipment, use or any other incidental or

consequential damages resulting from any defective part or parts, the Seller's liability and the

Buyer's exclusive remedy being expressly limited to the replacement of defective parts as

provided herein;

f) The warranty set out within this paragraph does not apply to:

i. tires, accessories, and other items including the items, if any listed on the face hereof as

"Buyers Specified Items", manufactured by others and the Buyer shall rely solely on the

warranty, if any, of the manufacturer of such tires, accessories and other items; nor

ii. to any equipment, otherwise subject to this warranty, which shall have been repaired,

modified or altered in any way by anyone other than the Seller or one of its duly authorized

service representatives.

g) With respect to used equipment sold hereunder, regardless of manufacture, the Seller makes no

warranty whatever, and all warranties, express or implied are hereby excluded. With respect to

such used equipment, the Buyer agrees to accept such used equipment on an "as is" basis.

WALINGA INC