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Hitachi Construction Machinery Europe N.V. (HCME) Limited Warranty
This limited warranty ("Warranty") applies only to the
Product specified in this Operator's Manual.
This Warranty applies only to the Product manufactured and/or
sold by Hitachi Construction Machinery (Europe) N.V. ("HCME")
or through its authorized Distributor in the European Union,
Switzerland, Iceland and Norway.
This Warranty does not apply to the Product operating in the
countries outside the European Union with the exception
of Switzerland, Iceland and Norway. (In other areas different
warranties may apply. Copies of applicable warranties may be
obtained by written request to Hitachi Construction Machinery
Co., Ltd.)
HCME warrants the new Product will comply in all material
respects with HCME's specifications thereof and will be free
of defects proved to have been caused by defective materials
and/or faulty workmanship, in the sole judgment of HCME
during the following period:
Warranty Period
Twelve (12) months, unlimited hours of operation after the
date of delivery to the first User.
This Warranty is subject to the following terms and
conditions:
HCME's Obligations & Responsibilities
Repair the Product in the sole judgment of HCME;
Repair or provide replacement parts in the sole judgment
of HCME (either new, remanufactured, repaired or by HCME
approved parts) needed to correct the defects;
The replaced parts become the property of HCME;
The replaced parts provided under this Warranty are
warranted for the remaining Warranty Period applicable to
the Product in which they were installed;
Provide reasonable and customary labour necessary for
the Warranty works through its authorized Distributor at
the place of business of HCME or its authorized Distributor
during normal working hours.
User's Obligations & Responsibilities
Operate the Product in accordance with the Operator's
Manual and the designated specification of fuel and
perform the required maintenance as indicated in the
Operator's Manual;
Provide proof of a delivery inspection to the first User,
periodical maintenance compliance (receipts, copies of
work orders, invoices and periodical inspection results);
Pay for travel expenses of HCME or HCME's authorized
Distributor (as the case may be) to a job site and
transportation expenses;
Labour costs in excess of those provided under "HCME
Obligations & Responsibilities" including but not limited to
premium or overtime labour costs;
Pay for parts shipping charges in excess of those that are
considered usual or customary;
Pay for local taxes and duties if applicable;
Pay for costs to investigate complaints, unless the problem
is caused by a defect in HCME material or workmanship;
Give a prompt notice (within five (5) working days) of a
warrantable failure and/or potential problem;
This version is in effect as of October 1, 2014.
Promptly make the Product available for Warranty
works;
Permit HCME and/or its authorized Distributor to
get access to all relevant information in order to
investigate and/or repair the failure.
Limitations
This Warranty does not apply to service parts, wear
parts, consumable parts such as lamps, fuses, V-belts,
brake clutch lining, brake disc, clutch disc, ground
engaging parts, track, tires, wire ropes, filter elements,
oil, grease, grease nipples, etc., unless these parts fail as
a result of a failure of a warranted part of the Product.
Moreover, this Warranty shall not be applicable in the
following cases:
Failures resulting from unauthorized repair or
adjustments in the Product;
Failures resulting from the attachments, and/or parts,
not manufactured and/or sold or approved by HCME;
Failures resulting from using fuel and/or lubricant
other than the type designated by HCME;
Failures resulting from operation in disregard of the
Operator's Manual and/or catalogues and/or such
instructions as are issued by HCME for the Product;
Failures resulting from any abuse, neglect,
improper handling and/or insufficient or erroneous
maintenance of the Product;
Failures resulting from floods, lightning, storms, fires,
and other Acts of God;
Failures resulting from the User's delay in prompt
repair of the initial problem;
Failures resulting from any use and/or installation
that HCME judges improper;
Minor change of colour and/or rust on the Product
ascribable to normal wear and tear;
Such phenomena as normal noise, vibration, etc.
which will not affect the function of the Product;
Minor adjustments such as re-torque and tightening
of nuts, bolts, hoses, hydraulic lines, fittings and
troubleshooting.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL
OTHER WARRANTIES AND THERE IS NO IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS WARRANTY CONSTITUTES
USER'S SOLE RIGHT AND REMEDY AND HCME'S SOLE
OBLIGATIONS & RESPONSIBILITIES IN RESPECT OF ANY
DEFECTIVE OR MALFUNCTIONING PRODUCTS AND IS
SUBJECT TO ANY LIMITATIONS OF LIABILITY THAT ARE
PART OF ANY SALES AGREEMENT WITH HCME.
FOR THE AVOIDANCE OF DOUBT AND WITHOUT
PREJUDICE TO THE FOREGOING, HCME WILL NOT
BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES
(INCLUDING BUT NOT LIMITED TO ANY CONSEQUENTIAL
DAMAGES, LOSS OF REVENUES, LOSS OF PROFITS OR
BUSINESS INTERRUPTION LOSSES) UNLESS THE DAMAGE
IS THE RESULT OF HCME'S WILFULL MISCONDUCT OR
GROSS NEGLIGENCE.
EXCEPT AS EXPRESSLY STATED HEREIN, THERE ARE NO
WARRANTIES, EXPRESS OR IMPLIED, BY OPERATIONS OF
LAW OR OTHERWISE, PERTAINING TO THE PRODUCTS.
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