Compact Power BOXER 999-823 - Manual (Page 5)

i
Boxer Product Warranty
WARRANTY AND LIABILITY LIMITATIONS
Mertz Manufacturing, LLC warrants each new Compact Utility Trencher manufactured
(hereinafter referred to as the equipment) by us to be free from defects in materials and
workmanship, for a period of one (1) year or 1000 operational hours, whichever occurs
first from the date of delivery. This warranty is effective provided that the equipment
warranted hereunder is operated by the purchaser in accordance with generally
approved practices, is properly maintained in accordance with the instructions
contained in this owner's manual, and is operated within the manufacturer's rated
capacity limitations.
Any parts of the equipment found to be defective within the warranty period shall be
repaired or replaced, at Mertz Manufacturing, LLC's sole option. Repairs must be
performed at Mertz Manufacturing, LLC facilities or at an authorized dealer facility.
Any part or parts proving defective within the above specified time will be repaired or
replacement parts furnished, F.O.B. Ponca City, Oklahoma, providing such parts are
returned, transportation prepaid, and found to be defective by the manufacturer.
The purchaser is responsible to keep maintenance records to substantiate proper
maintenance. If a defect becomes apparent, it is the purchaser's responsibility to
notify Mertz Manufacturing, LLC or an authorized dealer of said defect. The
purchaser agrees to return the defective equipment or parts to Mertz Manufacturing,
LLC or to an authorized dealer facility, freight prepaid, within fifteen (15) days after
the defective condition is discovered.
All warranties, if any, extended to Mertz Manufacturing, LLC by manufacturers and
suppliers of component parts, accessories, or other goods included in the
manufacturing of Mertz Manufacturing, LLC products will be assigned, if
contractually permitted, to the purchaser. Specific component warranty details will be
provided to the purchaser upon request.
This warranty excludes the following: maintenance items including, but not limited
to, seals, track grousers, roller bearings, filters and spark plugs, equipment that has
been repaired, replaced, or altered by someone other than Mertz Manufacturing, LLC
or an authorized service facility without prior approval from Mertz Manufacturing,
LLC unless, however; if Mertz Manufacturing, LLC, in its sole opinion, determines
that the defective condition of the equipment was in no way caused by or was
attributable to said repairs, replacements, or alternatives.
Mertz Manufacturing, LLC and the purchaser agree that, in consideration of the
above expressed warranty, all other warranties other than title, either expressed or
implied, whether arising under law or equity including warranties of merchant ability
and fitness for a particular purpose are excluded from this contract, further, the
foregoing warranty is made solely to the first purchaser and may not be transferred in
any form.
The sole liability of Mertz Manufacturing, LLC and the exclusive remedy of the
purchaser arising out of the manufacture, sale, or use of the equipment provided