Limited warranty – Allmand Brothers Allmand 8.5 10 FT BACKHOE User Manual

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LIMITED WARRANTY

ALLMAND LIMITED WARRANTY 2 YR TLB 07.03.doc

ALLMAND TLB

LIMITED WARRANTY

UNITED STATES and U.S. TERRITORIES

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED INCLUDING

WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PURPOSE, AND ANY EXCEPTIONS ARE DE-
SCRIBED IN THE PUBLISHED LIMITED WARRANTY ADDENDUM, AVAILABLE UPON REQUEST.

COMPONENTS, SUB-ASSEMBLIES AND DEVICES MANUFACTURED BY OTHER MANUFACTURERS ARE

NOT COVERED BY THIS WARRANTY. ALL WARRANTY INFORMATION FROM SUCH OTHER MANUFACTUR-
ERS IS PROVIDED WITHIN OR ACCOMPANY THESE GOODS.

Subject to the foregoing, the manufacturer, Allmand Bros. Inc., hereby warrants all tractor-loader-

backhoes manufactured by Allmand Bros. Inc. after June 1, 2001 to be free from defects in material and
workmanship for a period of (2) years after delivery to the original purchaser. The first year warranty would
include parts and labor. The second year warranty would be limited to parts manufactured by Allmand Bros.
Inc. and components warranted by the original equipment manufacturer for more than 12 months. Addition-
ally, Allmand Bros. Inc., hereby warrants all replacement parts supplied by Allmand Bros. Inc. to be free from
defects in material and workmanship for a period of 90 days after date of invoice. Delivery shall be deemed
for the purposes of this warranty to have occurred no later than five days following the date of sale agreement
or invoice unless the purchase agreement or invoice specifically states a later delivery date in which case such
delivery date shall control. The original purchaser shall be deemed to be a person who places the goods or
products in actual use, and any person holding such goods solely for wholesale or retail sale purposes shall not
constitute an original purchaser. PROVIDED, any leasing of these goods or other use beyond normal demon-
stration of same shall be deemed to be in use by an original purchaser and all warranty periods shall com-
mence at the time of such use. During the warranty period any defective goods or parts hereof shall be
repaired or replaced at manufacturer’s discretion. In the event it is necessary to return such goods or parts to
the factory, all transportation charges shall be prepaid. The manufacturer shall in no event pay mileage
expenses, but will warrant outbound ground freight.

The obligations of the manufacturer is solely to repair or replace defective goods or parts or to refund

the cost of the same if it is determined by the manufacturer that repair or replacement will not return the goods
to proper working order or utility. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND
MANUFACTURER SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUEN-
TIAL DAMAGES. THE OBLIGATIONS OF THE MANUFACTURER HEREUNDER SHALL IN
NO WAY EXCEED THE PRICE OF THE EQUIPMENT OR PART UPON WHICH SUCH LI-
ABILITY IS BASED.

The warranty shall not extend to tires, lamps, batteries, or parts that have been altered, changed,

damaged, or improperly installed, repaired, operated or maintained. Provided, this exclusion shall not apply to
installations, repairs or other work done at the manufacturer’s plant or under direct manufacturer’s supervi-
sion. The Operator’s Manual, to the extent covered therein, is deemed to set forth the proper procedures for
operation, repair, installation, and maintenance of these goods.

No representative, dealer or distributor of the company is authorized to make any changes or exceptions to this

warranty unless expressly authorized in writing from the manufacturer. All warranty claims must be filed within forty-five
(45) days of the failure.

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