6 | CURBTENDER, INC
CURBTENDER ENGINEERING, LLC
STANDARD NEW EQUIPMENT SIX (6) MONTH LIMITED WARRANTY
Curbtender, Inc. (“CURBTENDER”) warrants that the goods purchased (the “Unit”) shall be free from
defects in material and workmanship under normal use, only when proper service and
maintenance are performed as described and required in CURBTENDER Service Bulletins and
CURBTENDER Operator, Service and Parts manuals and when the then current CURBTENDER
Warranty Policy and Procedures are followed, for a period of six (6) months from the date when the
Unit is delivered to the initial owner or sixty (60) days after the Unit is delivered to the dealer (the
“Warranty”). Failure to comply with the then cur-rent CURBTENDER Warranty Policy and
Procedures may, in WAYNE’s discretion, invalidate this Warranty in its entirety or invalidate any
individual warranty claim. This Warranty is expressly limited to the repair or replacement of any
component or part that is proven to WAYNE’s satisfaction to have been defective in material or
workmanship. Such components or parts shall be repaired or replaced without cost.
Any service parts sold by CURBTENDER shall carry a ninety (90) day limited warranty for
replacement only (labor is not included), provided that factory inspection reveals a material or
workmanship defect. CURBTENDER reserves the right to make changes in the design or make
additions to or improvements on its products without creating any obligation for installation in
previously manufactured units.
THE WARRANTY SET FORTH HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY BEING GIVEN BY
CURBTENDER WITH RESPECT TO THE UNIT AND ANY RELATED PARTS OR PRODUCTS AND IS IN LIEU
OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUD-ING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE HEREBY DISCLAIMED. THE REMEDIES
PROVIDED IN THIS WAR-RANTY ARE THE EXCLUSIVE REMEDIES AVAILABLE AND ARE LIMITED TO
REPAIR AND REPLACEMENT OF THE NONCONFORMING PARTS.
IN NO EVENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT,
INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY, SHALL
CURBTENDER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO, LOSS OF PROFITS, PRODUCTS, DOWN TIME, COVER, TEMPORARY REPLACEMENT COST
OR ANY OTHER DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ATTORNEYS’ FEES. IN
NO EVENT SHALL CURBTENDER BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, COST OR EXPENSE,
INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO ANY LEAK OR SPILL OF HYDRAULIC
FLUID OR ANY HAZARDOUS MATERIAL (AS DEFINED UNDER ANY APPLICABLE FEDERAL, STATE OR
LOCAL STATUTE, REGULATION OR THE LIKE) OR THE FAIL-URE TO PROPERLY DISPOSE OF HYDRAULIC
FLUID OR ANY HAZARDOUS MATERIAL. OWNER AGREES TO DEFEND AND HOLD CURBTENDER
HARMLESS FROM ANY LOSS, DAMAGE, CLAIM, COST OR EXPENSE, IN-CLUDING ATTORNEYS’ FEES,
ARISING FROM OR RELATED TO ANY ENVIRONMENTAL OR HAZARDOUS MATERIAL CLAIM.
THIS WARRANTY IS CONTINGENT UPON AND APPLICABLE ONLY IF THE THEN CURRENT
CURBTENDER WAR-RANTY POLICY AND PROCEDURES ARE COMPLIED WITH. OTHER THAN THE
PURCHASE OF AN EXTEND-ED WARRANTY, NO EMPLOYEE OR REPRESENTATIVE OF CURBTENDER IS
AUTHORIZED TO MODIFY THIS WAR-RANTY IN ANY WAY OR GRANT ANY OTHER WARRANTY. THIS IS
THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY CURBTENDER.
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