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TEREX USA, LLC dba TEREX UTILITIES (“Seller”),as to the equipment manufactured by each respective company, warrants its new
<br />equipment and parts manufactured and sold worldwide to be free, under normal use and service, of any defects in manufacture or
<br />materials for a period of 12 months from date of delivery to the first end user, but in no event longer than 18 months from date
<br />of shipment from the factory; provided that (1) Seller receives written notice of the defect within thirty (30) days of its discovery and
<br />Buyer establishes that (i) the equipment has been maintained and operated within the limits of rated and normal usage; and (ii) the
<br />defect did not result in any manner from the intentional or negligent action or inaction by Buyer, its agents or employees, and (2) a new
<br />machine registration certificate has been completed and received by Seller within thirty (30) days of the equipment’s “in-service” date. If
<br />requested by Seller, Buyer must return the defective equipment to Seller’s manufacturing facility, or other location designated by Seller,
<br />for inspection, and if Buyer cannot establish that conditions (1) (i) and (1) (ii) above have been met, then this warranty shall not cover
<br />the alleged defect.
<br />Seller’s obligation and liability under this warranty is expressly limited to, at Seller’s sole option, repairing or replacing, with new or
<br />remanufactured parts or components, any part which appears to Seller upon inspection to have been defective in material or
<br />workmanship. Such parts shall be provided at no cost to the owner, FOB Seller’s parts facility (Incoterms 2010). If requested by Seller,
<br />components or parts for which a warranty claim is made shall be returned to Seller at a location designated by Seller. All components
<br />and parts replaced under this warranty become the property of Seller. This warranty shall be null and void if parts (including wear parts)
<br />or attachments other than genuine OEM Seller parts or approved attachments are used in or attached to the equipment.
<br />Accessories, assemblies and components included in Seller’s equipment, which are not manufactured by Seller, are subject to the
<br />warranty of their respective manufacturers. Normal maintenance, adjustments, or maintenance/wear parts, are not covered by this
<br />warranty and are the sole maintenance responsibility of Buyer.
<br />The following structural members have a lifetime parts only warranty for the original Buyer after date of shipment from Seller: sub frame,
<br />pedestal, turntable, and boom. Replacement of fiberglass jibs, seals, gaskets, hoses, and exterior coating is not covered under the
<br />lifetime warranty. The lifetime warranty requires an annual service inspection of the equipment by an authorized distributor of Seller. The
<br />sub frame, pedestal, turntable, and boom shall have a 5 year parts only warranty if the annual service inspection is performed by an
<br />approved entity other than an authorized distributor of Seller. All replacement parts must be genuine OEM Seller parts.
<br />SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND MAKES NO WARRANTY OF MERCHANTABILITY OR
<br />FITNESS FOR ANY PARTICULAR PURPOSE,AS TO THE EQUIPMENT AND PARTS IT SUPPLIES.
<br />No employee or representative of Seller is authorized to modify this warranty unless such modification is made in writing and signed by
<br />an authorized officer of Seller. Seller’s warranty is continuous for the stated period, and “stopping and restarting” such period is not
<br />permitted.
<br />Seller’s obligation under this warranty shall not include duty, taxes, environmental fees, including without limitation, disposal or handling
<br />of tires, batteries, petrochemical items, or any other charges whatsoever. Seller shall not be liable for indirect, incidental, or
<br />consequential damages, even if advised of the possibility of such damages.
<br />Improper maintenance, improper use, abuse, improper storage, operation beyond rated capacity, operation after discovery of defective
<br />or worn parts, accident, sabotage or alteration or repair of the equipment by persons not authorized by Seller shall render this warranty
<br />null and void. Seller reserves the right to inspect the installation of the product and review maintenance procedures to determine if the
<br />failure is covered under this warranty.
<br />Parts Warranty: Seller warrants the parts ordered from the Seller to be free of defects in materials or workmanship for either (1) a
<br />period of 12 months after date of shipment from the factory, or (2) the balance of the remaining new equipment warranty, whichever
<br />occurs first. With respect to parts ordered from Seller for equipment for which the warranty has expired, Seller warrants such parts to be
<br />free of defects in materials or workmanship for a period of 12 months after date of shipment from the factory.
<br />NO TRANSFERABILITY OF WARRANTY: This warranty is limited to the original purchaser or original end-user if sold to a distributor,
<br />and is not assignable or otherwise transferable without the written agreement of Seller.
<br />ITEMS NOT COVERED BY WARRANTY
<br />The following listed items, which are not exhaustive, are NOT covered under this warranty:
<br />1. Items sold by any individual, corporation, partnership or any other organization or legal entity that is not authorized by Seller to
<br />distribute its equipment.
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<br />LIMITED PRODUCT WARRANTY
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