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(F) A Warranty is on a "Return to base" basis. A mileage allowance for one journey within
the 50 miles radius of the Companied premises, and the labour allowance for what the
Company feels is adequate for the job, may be paid at the companied discretion and at
the Companies standard rate at that time.
(G) Parts not on the Companies design and manufacture i.e. hydraulic components,
electrical components, bearing assemblies, gearboxes, pumps, PTO shafts and tyres and
items of a like nature, are subject to the original manufacturer's terms and conditions of
Guarantee. And the Company and its dealers do not accept any liability if any parts other
than those supplied by the Company are fitted, however it may arise.
(H) The Company will not be liable for consequential loss or damage due to failure of the
Company products or any part thereof.
AND FURTHER the warranty will be withdrawn if: ‐
(A) If the equipment is not maintained correctly.
(B) If the equipment is overloaded, operated incorrectly or misused.
(C) If the equipment is used for purposes other than for which it was designed.
(D) If the equipment, electrical, mechanical or hydraulic system have been adjusted by
anyone other than the Company, or their authorised representatives.
(E) The equipment is used for hire.
4. The Company reserves the right to improve or change the construction or operation of the
equipment without liability in respect of the equipment previously supplied.
5. The Company shall not under any circumstance whatsoever be liable for loss (which
expression in this clause includes injury, damage or delay) or for any consequence of any
such loss arising out of any cause whatsoever beyond the Companies reasonable control, or
any malfunctioning of, or any loss of the use of any item of equipment. The Company will
not under any circumstances whatsoever be liable for any consequential loss or damage
however caused.
6. The Company shall not be liable for, and the Purchaser shall indemnify and hold the
Company harmless against, all claims by or loss or damage to any person, or property,
directly or indirectly occasioned by the arising from the use or operation (other than by the
Company) or possession of any of the equipment through negligence (including the use of
any part of the equipment otherwise in accordance with the Company's operators and
instruction manual) or default ( including any non‐compliance with any obligation of this
Agreement, any delay, any wrong information and any lack of required information) or
misuse by or on the part of the Purchaser or any person or persons other than the Company
form any consent given in breech hereof. The indemnity shall extend to any costs and
expenses incurred by the Company and shall continue to force notwithstanding the
termination of this agreement.
7. Until the expiry of the warranty period specified in Clause 4 hereof: ‐
(1) The companies Representative shall have full and free right access to the equipment.
(2) The Purchaser shall not permit persons other than authorised representatives of the
Company to affect any replacement of parts maintenance adjustments or repairs to the
equipment.
(3) The Purchaser shall properly maintain the installation facilities for the equipment in
accordance with the Company's recommendations.
(4) The Purchaser shall use the equipment only for such operating purposes as meet the
Company's specification.
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