Trenchless Equipment Warranty
I. Equipment Warranty:Trenchless Equipment (“TE”) warrants every piece of equipment for sale (“Equipment”) to be free of defects in material and workmanship for three (3) years from the date of Equipment delivery from TE to Client (“Warranty Period”).
I. A. Exclusion:This Warranty does not apply and shall be expressly voided respecting Equipment which TE determines to have been (1) subject to misuse, neglect, accident, or damage sustained by catastrophe or causes external to the Equipment; or (2) maintained, repaired, relocated, or reconfigured other than by TE or its authorized service technician or has been modified or altered in any way.
I. B. Hydraulic Power Supply (Pumps):Any claim regarding hydraulic power supplies from TE may be referred to the original equipment manufacturer (OEM) or its authorized service agent. Client is recommended to refer to Honda Manufacturer’s warranty for any questions regarding the engine. All service records may need to be supplied in order for Honda’s warranty to be fulfilled.
I. C. Fusion equipment:Any claim regarding HDPE pipe fusion equipment sold by TE shall be referred exclusively to the manufacturer or its authorized service agent. Refer to Manufacturer warranty.
I. D. Cables: Neither TE nor its suppliers warrant cables against breakage, even under normal use. To maximize cable life and user safety, TE defines normal use as operation of an approved TE system configuration, at or below the maximum recommended pulling force designated for that specific PBP pulling unit and cable combination. Refer to the appropriate official TE user guide for the system being used.
II. Product Warranty:This warranty applies only to Clients’ who have purchased Product(s) directly from TE and whose accounts are fully paid and/or remain current. The account should be maintained in good standing (“Client(s)”).
III. Claim Procedure: Client shall submit to TE a written and dated Warranty Claim and photo detailing: (a) the equipment malfunction, and (b) how the equipment was used at the time of malfunction. Client will return the claimed defective equipment, freight prepaid, to TE for inspection and for Warranty service, if applicable. Equipment will be returned to TE with TE’s prior written Returned Merchandise Authorization (“RMA”). Client’s failure to follow this claim procedure relieves TE of its obligations under this warranty.
IV. Restoration:With respect to each and every TE Product covered under Warranty, TE’s sole obligation to restore defective Equipment shall be to repair or replace, at TE’s discretion, plus freight prepaid return shipment to Client. THE RESTORATION (“RESTORATION”) UNDER THIS WARRANTY IS CLIENT’S SOLE AND EXCLUSIVE LEGAL RESTORATION, AND TE SHALL HAVE NO LIABILITY EXTENDING BEYOND THE EXPRESS TERMS OF THIS WARRANTY, INCLUDING LIABILITY FOR ACTUAL, RESULTANT AND ANY OTHER DAMAGES CLAIMED BY CLIENT.
V. DISCLAIMER:TE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT EXTEND BEYOND THE PRODUCT SPECIFICATIONS. TE MAKES NO WARRANTIES AS TO THE MERCHANTABILITY OF THE EQUIPMENT OR THE FITNESS OF THE EQUIPMENT FOR ANY PARTICULAR PURPOSE.
VI. Limitation of Liability:TE is not liable for failure to fulfill its obligations under this Warranty due to causes beyond its control. TE’s total liability to the Client for damages, from any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, is limited to actual damages not exceeding the purchase price paid by Client for the claimed defective Equipment.
VII. Acceptance of Warranty: Client’s use of any TE Equipment shall constitute Client’s acceptance of the terms and conditions of this Warranty respecting such Equipment. It is the client’s responsibility to ship equipment to Trenchless Equipment.