LIMITED WARRANTY
This warranty relates to new product GrainVac VR12 (the “Product”) sold by Batco-Rem, (which is a
trading name or division of Ag Growth Industries Partnership, referred to herein as the “Seller”) and
applies only to the first user of the Product
(meaning a purchaser directly from the Seller or from an
authorized dealer or distributor of the Product, referred to herein as the “Buyer”).
This warranty shall only be effective if properly registered with the Seller in accordance with informa-
tion provided to the Buyer at the time of sale.
1.The Seller warrants to the Buyer that the Product is free from defects in material and workmanship under nor-
mal and reasonable use.
2.This warranty applies only to defects in materials and workmanship and not to damage incurred in shipping or
handling, through normal wear and tear, or damage due to causes beyond the control of the Seller such as light-
ning, fire, flood, wind, earthquake, excessive voltage, mechanical shock, water damage, or damage arising out
of abuse, alteration, improper assembly, improper installation, improper maintenance or improper repair of the
Product.
3.The warranty period for the Product shall be one year from delivery of the Product to the Buyer. The
warranty period for the Product shall be 90 days from the delivery of the Product to the Buyer where the
Product is used in a commercial operation. In the event that any part incorporated into the Product is manu-
factured and sold to the Seller by a third party vendor, such part is only warranted to the extent of the warranty
given by that third party.
4.The obligations set forth in this warranty are conditional upon the Buyer promptly notifying the Seller of any
defect and completing reasonably required documentation and, if required, promptly making the Product avail-
able for correction. The Seller shall be given reasonable opportunity to investigate all claims and no Product
shall be returned to the Seller or part disposed of until after inspection and approval by the Seller and receipt by
the Buyer of written shipping instructions, with transportation charges prepaid.
5.Upon return of the Product, or such part of the Product that requires correction, the Seller shall, at the Seller’s
option, either repair or replace the Product or such part. The Seller shall replace or attempt to repair and return
the Product or such part within a reasonable period of time from receipt of an approved warranty claim from the
Buyer. If the Seller is unable to repair or replace the Product, the Buyer shall be entitled to a credit note in the
amount of the purchase price for the Product.
6.The total liability of the Seller on any claim, whether in contract, tort or otherwise, arising out of, connected
with, or resulting from the manufacture, sale, delivery, repair, replacement or use of the Product or any part
thereof shall not exceed the price paid for the Product and the Seller shall not be liable for any special indi-
rect, incidental or consequential damages caused by reason of the installation, modification, use, repair, mainte-
nance or mechanical failure of the Product. Consequential or special damages as used herein include, but
are not limited to, lost or damaged products or goods, costs of transportation, lost sales, lost orders,
lost income, increased overhead, labor and incidental costs and operational inefficiencies.
7.Notwithstanding anything contained herein to the contrary, the foregoing is the Buyer’s sole and exclusive
remedy for breach of warranty by the Seller in respect of the Product. The Seller, for itself, its agents, contrac-
tors, employees and for any parent or subsidiary of the Seller, expressly disclaims all warranties, either express
or implied, written or oral, including implied warranties of merchantability or fitness for a particular purpose and
undertakes no obligation with respect to the conformity of the Product except as set out in the purchase agree-
ment, if any, or marketing materials.
8.The foregoing warranty is the entire warranty of the Seller to the Buyer and the Buyer shall not be entitled to
rely upon any representation or warranty contained in any marketing material of the Seller in respect of the
Product. The Seller neither assumes, nor authorizes any other person purporting to act on its behalf to modify or
to change this warranty, nor to assume for it any other warranty or liability concerning the Product.
WARRANTY VOID IF NOT REGISTERED
To Next Page
Loading...