Modern AG 15' Predator - Omni - Manual (Page 98)

98 - 15’ Predatorrr
for new Modern Manufacturing
galvanized 15’ predatorrr rotary cutter
a. limited warranties
modern manufacturing warrants any new modern manufacturing implement, purchased from an authorized modern manufacturing dealer, to the
original non-commercial, state or municipal purchaser ("Purchaser") for a period not to exceed one (1) year from original purchase date, to be free
from defects in material and workmanship.
Further, the modern manufacturing Galvanized 15’ Predatorrr ("Cutter") rotary cutter will be covered by the Double-Diamond Limited Warranty. this
warranty provides a five (5) year limited gearbox warranty and a ten (10) year limited "deck rust thru" warranty. under these warranties, modern
manufacturing's obligation to the original purchaser is limited to the repair or replacement of any parts found to be defective in material or work-
manship under normal use and service during the applicable warranty term. Warranty services must be performed by a dealer or service center
authorized by modern manufacturing using only new or remanufactured parts or components furnished by modern manufacturing. modern
manufacturing reserves the right to inspect any and all parts which are claimed to have been defective in material and workmanship. modern
manufacturing makes no warranty as to the design, capability, capacity or suitability for the use of the implement.
B. limited warranty service
to receive warranty service, the Purchaser must return the Registration and Warranty Card to modern manufacturing within 30 days of original
purchase. Purchaser must report claim, in writing, to the authorized modern manufacturing dealer from whom the Purchaser purchased the imple-
ment originally or an approved modern manufacturing dealer within 30 days after the Purchaser discovers the circumstance for the basis of the
claim. the purchaser (“at his expense”) will be responsible for any service call and/or the return to and from the dealer’s or service center’s place
of business. after examination of claim, if modern manufacturing finds the part(s) or workmanship to be defective, modern manufacturing will repair
or replace defective goods or part(s) or reimburse Purchaser for the cost of the part(s) and reasonable labor charges. the choice will be solely
decided by modern manufacturing.
c. not covered By warranty
the limited warranty does not cover any goods or part(s) that have been subjected to improper or abnormal use, fire, negligence, abuse, altera-
tion, modification, accident, lack of or improper maintenance, use of wrong oil or lubricants. this limited warranty does not apply to expendable
items such as blades, shields, guards, pneumatic tires or any normal maintenance parts or service.
The double-diamond Limited Gearbox Warranty does not cover wear items such as teeth, chains, sprockets, belts, springs, gearbox lubricant,
hydraulic fluid or any other items that in the company’s sole judgement is a wear item.
The double-diamond Limited “deck rust thru” Warranty does not cover surface rust caused by loss of galvanizing due to external forces such as
scrapes, dents, extreme friction and/or wear, deformity due to accidents or abuse.
except as provided herein, no employee, agent, Dealer, or other person is authorized to give any warranties of any nature on behalf of modern
Manufacturing.
d. disclaimer of implied warranties & consequential damages
to the extent permitted by law, neither modern manufacturing or any other company affiliated with it makes any warranties, representations or
promises as to the quality, performance or freedom from defect of the implements covered by this warranty. tHIS InCLuDeS ImPLIeD
WaRRantIeS OF meRCHantaBILItY anD FItneSS FOR a PaRtICuLaR PuRPOSe. tO tHe extent aPPLICaBLe, SHaLL Be LImIteD In DuRatIOn
tO tHe aPPLICaBLe PeRIOD OF WaRRantY Set FORtH On tHIS PaGe. tHe PuRCHaSeR’S OnLY RemeDIeS In COnneCtIOn WItH tHe BReaCH
OR PeRFORmanCe OF anY WaRRantY On tHe mODeRn manuFaCtuRInG ImPLementS aRe tHOSe Set FORtH On tHIS PaGe. In nO eVent
WILL mODeRn manuFaCtuRInG, tHe DeaLeR OR anY COmPanY aFFILIateD WItH mODeRn manuFaCtuRInG Be LIaBLe FOR InCIDentaL
OR COnSeQuentIaL DamaGeS. Such incidental and consequential damages shall include but not be limited to: transportation charges other
than normal freight charges; cost of installation other than cost approved by modern manufacturing ; duty; taxes; charges for normal service or
loss of crops or any other loss of income; rental of substitute equipment, expenses due to loss, damage, detention or delay in the delivery of
equipment or parts resulting from acts beyond modern manufacturing’s control.
e. Miscellaneous
Proper venue for any lawsuits arising from or related to this limited warranty shall be only in Jefferson County, texas.
applicable law may provide rights and benefits to the Purchaser in addition to those provided herein.
If any provision of this limited warranty shall violate any applicable law and is held to be unenforceable, then the invalidity of such provision shall
not invalidate any other provisions herein.
modern manufacturing may waive compliance with any of the terms of this limited warranty, but no waiver of any terms shall be deemed to be a
waiver of any other term.
MODEL____________________________________ SERIAL #____________________________________
DEALER____________________________________ DATE DELIVERED_____________________
douBle-diaMond liMited warranty