WARREN, INC., (hereinafter called Warren) warrants
each new trailer, dump body and item of hydraulic
equipment manufactured by it to be free from defects
in material and workmanship under normal use and service
with loads not exceeding the vehicle manufacturer's
rated capacity for a period of 12 months after delivery
to the original purchaser direct or by an authorized
distributor.
Exclusions from Warranty. This Warranty
shall not apply to:
(1) components manufactured by persons other than
Warren (such as hydraulic pumps, motors, valve, bearings,
etc.) beyond warranty, if any, which may be made by
such manufacturer,
(2) any unit which shall have been subject to misuse,
negligence, alteration or accident or which shall
have been repaired by anyone other than Warren or
its authorized service distributor in any way so as
in the judgment of Warren to affect adversely its
performance or reliability, or
(3) normal maintenance services.
Purchaser's Exclusive Remedies. Warren's
sole obligation under this warranty will be to repair
or replace, at its option, any warranted unit or part
as described above which shall be returned to Warren's
factory or authorized service distributor and which
examination shall disclose to Warren's satisfaction
to have been defective. Freight or other transportation
costs to and from the factory or authorized service
distributor must be paid by the purchaser. Warren
will not assume any charges for repairs made by anyone
other than Warren or its authorized service distributor.
Exclusion of other Warranties. No other
warranty is made by Warren and in particular Warren
makes NO WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE. Warren neither assumes
nor authorizes any person to assume for it any liability
other than described herein.
Limitations of Actions. Without extending
the period of warranty stated above, any action for
breach of warranty must be commenced within one year
of the breached claimed or forever barred.
Limitation of Damages. The purchaser's
remedy stated above shall be exclusive for any and
all claims against Warren whether based on contract,
negligence, tort, or any other theory. In no event
shall Warren be liable for any consequential damages
which may result from any defect or failure of a unit
or part.
Warren, Inc. 707 North Fir Ave., P.O. Box 1719, Collins,
MS 39428