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Limited Warranty (US/Canada Only)
Chapman Machinery, Inc., a Delaware corporation with registered office located at 251 Little Falls Drive, Wilmington, DE 19808 (“SELLER”), warrants
that the products and product parts or components manufactured by SELLER (the “Product” or “Products”) and sold or provided to the first end
user (“BUYER”) are produced according to usual practices, customs, standards, specifications and tolerances of trade prevailing in the country of
origin at the time of production and shall, subject to the limitations and exclusions set forth below, be free from defects in design, material, and
workmanship.
1. INSTALLATION, PAYMENT AND MAINTENANCE REQUIREMENTS
This Limited Warranty applies only if:
(1) The Product is used properly and is operated in accordance with SELLER’s instructions (oral or written, including all instructions and
recommendations made in the Operator’s Manual, which is also available for download on SELLER’s website), as furnished to BUYER at the time
of purchase and which can be updated from time to time to include improvements to the Product;
(2) BUYER is the first end user of the Product;
(3) BUYER has completed the online Warranty Registration Form, available on SELLER’s website, within thirty (30) calendar days from the
date of sale;
(4) BUYER complies with all other sections of this Limited Warranty.
2. PROCEDURE FOR OBTAINING WARRANTY SERVICE
The procedure described in this Section 2 shall hereinafter be referred to as the “Warranty Claim Procedures.” For the Limited Warranty to apply,
BUYER should first contact the reseller to whom he/she/it bought the Product. If this reseller is unable to provide repair or replacement services,
then BUYER must completely fill out and deliver to SELLER a warranty claim fully describing the alleged defects or failures of the Product and
original proof of purchase within the Warranty Period (defined in Section 4) and within thirty (30) calendar days of the date BUYER discovered the
alleged defect. Notwithstanding the foregoing, in the event that SELLER determines, in its sole discretion, that BUYER reasonably should have
discovered the alleged defect before its actual discovery, this Limited Warranty shall not apply.
In order to determine whether the Limited Warranty should apply, BUYER shall provide any information to SELLER, including photographs where
applicable, via telephone, email or any other appropriate means of communication. In the event the defect is covered by the Limited Warranty,
SELLER may, at its sole option, require that the defective Product be shipped to the address provided by SELLER. BUYER shall pay all expenses
associated with returning the Product to SELLER, including, without limitation, the costs of shipment, import taxes, duties and tariffs if applicable.
If SELLER determines that the returned Product is covered by the Limited Warranty, SELLER agrees to pay all of the foregoing and all expenses of
returning repaired or replaced Product to BUYER, except when BUYER’s address is located in Alaska, Hawaii, or offshore islands of the United
States. In such cases, BUYER will be responsible for all expenses associated with returning the Product to the SELLER.
3. WARRANTY SERVICES PROVIDED
If the Product is proved to SELLER’s satisfaction to be defective, within the Warranty Period (defined in Section 4), SELLER’s obligations under this
Limited Warranty shall be limited to either repairing or replacing the Product, at SELLER’s sole discretion, and only if such defect was caused
solely by defective design, workmanship and/or materials. SELLER shall have sole discretion to determine whether to replace or repair the
Product particularly considering the labor costs in the area surrounding BUYER’s location. If no repair center is available near BUYER’s address
and/or if local labor costs exceed the costs SELLER would incur for repairing the Product directly, SELLER may require BUYER to pay the difference
in costs. Such repair or replacement shall be SELLER’s sole obligation and BUYER’s exclusive remedy hereunder, and shall be conditioned upon
BUYER’s fulfilling its obligations under SELLER’s Warranty Claim Procedures. Additionally, all parts replaced by SELLER under this Limited Warranty
remain the property of SELLER and should be returned to SELLER if so requested.
4. WARRANTY PERIOD
Limited Warranty of the Product applies for twenty-four (24) months from the date the Product is sold to BUYER (the “Warranty Period”). The
Warranty Period shall not be tolled for any reason. No action by SELLER or BUYER shall operate to extend or revive this Limited Warranty without
the prior written consent of SELLER.
5. EXCLUSIONS FROM WARRANTY
The following is not included under this Limited Warranty:
Scratches, dents, marks or other visible surface wear on the Product;
Normal wear and tear from everyday use;
Wear parts, including but not limited to blades, flails, paintwork, tyres, belts, hydraulic hoses, bearings, bushes, linkage pins, top links, ball ends
unless there is a manufacturing or material defect or the cost of normal servicing items such as oils and lubricants;
Materials, parts and equipment not manufactured by SELLER;
Misuse, abuse or improper use by BUYER;
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