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OverBuilt, Inc.
780 West Park Ave. NW
Huron, SD 57350
LIMITED NEW EQUIPMENT WARRANTY
a. OverBuilt, Inc. warrants solely to purchaser (“Purchaser”) of the OverBuilt, Inc. new equipment (“Equipment”) that for a period of 1-year (Warranty
Period) commencing on the date of delivery. The equipment shall be free from defect in material and workmanship (“Warranty”).
b. In the event of the failure of the Equipment to comply with the warranty Period and in the event Purchaser gives OverBuilt, Inc. written notice of the
Equipment defect in material or workmanship within One (1) month after such defect occurs, then Purchaser’s sole and exclusive remedy and
OverBuilt, Inc. sole obligation shall be that OverBuilt, Inc. shall, at its sole cost and expense, correct all such defects in material and/or workmanship
by, at its option, repairing, replacing or modifying the Equipment to comply with the Warranty. Any such repairs, replacement, or modifications of the
Equipment, in whole or in part, shall not in any way extend the Warranty Period. Purchaser shall be required to obtain from OverBuilt, Inc. prior
authorization when the Equipment is returned to OverBuilt, Inc.
c. Not withstanding anything to the contrary contained within, in no event shall: (1) cost borne by OverBuilt, Inc. for such repair, replacement or
modification of any Equipment exceed the Equipment purchase price paid by Purchaser for the Equipment: or (2) OverBuilt, Inc.’s liability to Purchaser
or any third party for damages of any nature, including, without limitation, injury to any person or property, whether based on contract, tort, warranty,
strict liability or any other theory, exceed the Purchase Price of the Equipment.
d. This warrant does not cover any Equipment defect occurring: (1) from normal wear and tear: (2) in shipment to or from Purchaser: (3) due to force
majeure, improper installation or maintenance, misuse, abuse, neglect, accident, negligence, mishandling, lack of maintenance or reasonable care, or any
other cause other than ordinary commercial application, by Purchaser or any third party (other than OverBuilt, Inc. or OverBuilt, Inc., authorized
personnel): (4) due to adjustment, repair, alteration, modification or connection any kind by Purchaser or any party (other than OverBuilt, Inc., or
OverBuilt, Incorporated authorized personnel: (5) due to improper environment, excessive or inadequate heating or other environmental irregularity; or
(6) due to operation not in accordance with any storage, operation or maintenance instructions furnished by OverBuilt, Inc.. or for any operation not in
accordance with generally accepted industry practice.
e. During the Warranty period, all labor and materials to be provided by OverBuilt, Inc., pursuant to the Warranty shall be provided by OverBuilt, Inc.
without charge, as provided herein. There shall be no Warranty for parts or labor after of the expiration of the Warranty Period. OverBuilt, Inc.
recommends the Equipment be insured when shipped. Equipment returned out of Warranty shall be repaired, replaced or modified at the option of
OverBuilt, Inc., and Purchaser shall pay OverBuilt, Inc.’s then current standard charges for: (1) labor, parts and materials supplied by OverBuilt, Inc.,
for servicing the Equipment; and (2) any service calls.
f. THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND, EXCEPT AS EXPRESSLY SET FORTH IN THE PRECEDING PARAGRAPHS
OF THIS WARRANTY: (1) OVERBUILT, INC MAKES NO OTHER REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND TO
PURCHASER OR ANY THIRD PARTY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ORAL OR WRITTEN, DIRECT OR
INDIRECT, INCLUDING, WITHOUT LIMITATION, OR REPRESENTATION, WARRANTY OR GUARANTEE OF MERCHANTABILITY OR
FITNESS FOR AN ORDINARY, GENERAL OR PARTICULAR PURPOSE, WITH RESPECT TO THE EQUIPMENT (OR ANY COMPONENT OF
OR SERVICE RENDERED WITH RESPECT TO THE EQUIPMENT. OR AS TO ANY MATTER WHATSOEVER WITH RESPECT TO THE
EQUIPMENT OR ITS PERFORMANCE, INCLUDING WITH LIMITATION, ITS CONDITION OR PERFORMANCE CAPABILITIES OR THE
QUALITIES OF AN GOOD OR SERVICE PRODUCED THEREFROM, OR ITS COMPLIANCE WITH THE FEDERAL OCCUPATIONAL
HEALTH AND SAFETY ACT OR ANY OTHER FEDERAL, STATE, OR LOCAL CODES.
ANY STATEMENTS MADE BY OVERBUILT, INC. ITS EMPLOYEES OR AGENTS, INCLUDING, WITH LIMITATION, ANY DEALER OR
DISTRIBUTOR, DO NOT CONSTITUTE OVERBUILT, INC. REPRESENTATIONS OR WARRANTIES, SHALL NOT BE RELIED UPON BY
PURCHASER OR ANY THIRD PARTY AND ARE NOT A PART OF THIS WARRANTY.
g. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES WHICH NOW OR
HEREAFTER MIGHT OTHERWISE ARISE WITH RESPECT TO THE EQUIPMENT. PURCHASER’S SOLE AND EXCLUSIVE REMEDY (AND
THAT OF ANY THIRD PARTY), AND OVERBUILT, INC.’S SOLE OBLIGATION, ARISING OUT OF OR WITH RESPECT TO THE
EQUIPMENT (REGARDLESS OF ANY LEGAL THEORY UPON WHICH ANY SUCH CLAIM MAY BE BASED) SHALL BE THOSE
SPECIFICALLY SET FORTH IN THIS WARRANTY.
h. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF PURCHASER FAILS TO COMPLY WITH PAYMENT
TERMS ESTABLISHED IN THE CONTRACT, THEN THE WARRANTY PROVIDED IN SECTION I SHALL BE NULL AND VOID AND OF
NO EFFECT, AND THE EQUIPMENT SHALL BE DEEMED TO HAVE BEEN PURCHASED “AS IS, WITH ALL ITS FAULTS”.
i. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNDER NO CIRCUMSTANCES SHALL OVERBUILT,
INC. HAVE ANY LIABILITY TO PURCHASER OR ANY THIRD PARTY FOR: (A) ANY SPECIAL INCIDENTAL, INDIRECT,
CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUES, LOSS
OF USE, LOSS OF TIME, INTEREST OR CARRYING CHARGES ON INVESTMENT, EXPENSES ARISING FROM COSTS OF CAPITAL,
UNDER-UTILIZATION OF LABOR, EQUIPMENT OR FACILITIES, OR ANY OTHER COMMERCIAL LOSS OR DAMAGE (EVEN IF
OVERBUILT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE). OR (B) ANY OTHER INJURY
TO PURCHASER OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, INJURY TO ANY PERSON OR ANY PROPERTY:
RESULTING FROM OR ARISING OUT OF, WHETHER DIRECTLY OR INDIRECTLY: (X) ANY USE OF THE EQUIPMENT (OR ANY
COMPONENT THEREOF) BY PURCHASER OR ANY THIRD PARTY: (Y) ANY PERFORMANCE, NONPERFORMANCE, OR DELAY IN
PERFORMANCE BY OVERBUILT, INC. OF ANY OF ITS OBLIGATIONS: OR (Z) ANY WARRANTY RELATED THERETO.
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