2021/10/13 Council Agenda Packet

r1IIIIIII,Ib POWERSCREEN, ATrnrx 1111111/IF UHNID LIMITED PRODUCT WARRANTY Terex GB Ltd. and Powersueen USA, LLC (hereafter referred to collectively as °Seller') warrants its new Equipment, to be free of defects in material or workmanship for a period of (1)12 months from the date the Equipment is first placed into service, whether such Equipment is sold, rented or leased or (ii) 2,000 hours of use, whichever first occurs, provided that in no event shag this warranty extend beyond a period of 24 months from the date of shipment from the factory; provided that (1) the Buyer or the end -user sends Seller written notice of the defect within sixty (60) days of as discovery and establishes to the Seller's satisfaction that: (1) the Equipment has been maintained and operated within the limits of rated and normal usage, and that there have been no alterations to a; and () the defect did not result in any manner from the intentional or negligent action or inaction by Buyer or the end -user or any of their respective agents or employees or any person using it and (2) a new machine registration certificate or the commissioning documents have been completed, signed and delivered to Seller within thirty (30) days of the equipment's °in-service° date. If requested by Seller, Buyer must return the defective equipment to Seller's manufacturing facility, or other location designated by Seger, for inspection, and if Buyer cannot establish that conditions (1) (1) and (1) (i) above have been met, then this warranty shall not cover the alleged defect. Subject to the Buyer estabishing that conditions (1Xi) and 1(ii) above have been met, Seger vranants all Critical Components (as defined herein) to be free, under normal use and service, of any defects in manufacture or materials for a period of (1) hventy four (24) months from the date of comrn sionfng, (2) 4000 hours of use, or (3) Thirty Six (36) months the date of shipment from the factory, whichever occurs first For the purposes of th's warranty, Critical Components shag mean: > Cone machines:- Man frame, Upper frame Countershaft and Housing, Drive pulley Drive Pinion and Gear, Eccentric, Wedge Ring (Excluding Pads) M Series Jaw Machines :- Mainframe including Cross Beam, Eccentric Shaft, JauStock Toggle Beam, FIN/Meets Main Adjustment Cylinders on HA & HR Machines Only Impactor Machines (vertical and horizontal shaft):- Rotor, Man shaft, Crusher Body and Drive Puley Screen Boxes;- Screen Box Wekfed Assembly, Screen Box Sub frame, Main Shaft Seller's obligation and liability under this warranty is expressly limited to, at Seller's sole option, repairing or replacing, with new or remanufadured parts or components, any part, which appears to Seller upon inspection to have been defective in material or workmanship. Such parts shall be provided at no cost to the owner. If requested by Seger, components or parts for which a warranty claim is made shall be returned to Seger at a location designated by Seger. All components and parts replaced under this limited product warranty become the property of Seger. This warranty shall be null and void if parts (including wear parts) other than genuine OEM Seller parts are used in the equipment. Accessories, assemblies and components included in the Seller equipment, which are not manufactured by Seller, are subject to the warranty of their respective manufacturers. Normal maintenance, adjustments, or maintenancehvear parts, including without Imitation, friction plates, glass, dutch, proper tightening of bolts, nuts and brake linings pipe fittings, adding or replacing of fluids, filters, wire rope, belts, screening media, rubber skirting, chute linings and paint, are not covered by this warranty and are the sole maintenance responsibility of Buyer. Seller makes no other warranty, express or implied, and makes no warranty of merchantability or fitness for any particular purpose. No employee or representative is authorized to modify this warranty unless such modification is made in writing and signed by an authorized officer of Seller. Seller's obligation under this warranty shall not include duty, taxes, environmental fees, including without limitation, disposal or handling of tires, batteries, petrochemical items, or any other charges whatsoever, or any liability for direct, indirect, incidental, or consequential damages. Improper maintenance, improper use, abuse, improper storage, operation beyond rated capacity, operation after discovery of defective or wom parts, accident, sabotage or alteration or repair of the equipment by persons not authorized by Seller shall render this warranty null and void. Seller reserves the right to insped the installation of the product and review maintenance procedures to determine if the failure was due to improper maintenance, improper use, abuse, improper storage, operation beyond rated capacity, operation after discovery of defedive or wom parts, or alteration or repair of the equipment by persons not authorized by Seller. Pads Warranty: Seller warrants the parts ordered from the Seller's parts department to be free of defect in material or workmanship for either (1) a period of 12 months after date of shipment from the factory or (2)the balance of the remaining new equipment warranty, whichever occurs first. With respect to parts ordered from the Sellers parts department for equipment that is no longer covered under this limited product warranty due to lapse of time or usage in excess of 4,000 hours of Critical Components, Seller warrants such parts to be free of defect in material or workmanship for a period of 12 months after date of shipment from the factory. NO TRANSFERABILITY OF WARRANTY: This warranty is limited to the original purchaser or original end -user ' if sold to a distributor, and is not assignable or otherwise transferable without the written agreement of Seller. Please contact your local distributor for additional detais if needed. ITEMS NOT COVERED BY SELLER WARRANTY The following items are NOT covered under the Seller Warranty (the following list is not exhaustive): 1. Items sold by any individual, corporation, partnership or any other organization or legal entity that is not an authorized Seller distributor. 2. Components which are not manufactured by Seller are not covered by Sellers warranty. Such components are covered only by the warranty that is provided by the manufacturer of such components. Such components may include, but are not limited to, chassis, air compressors, batteries, tires engines, engine components, and customer supplied products. 3. Replacement of assemblies: Seller has the option to repair or replace any defective part or assembly. It is Seller's policy to refuse claims for the replacement of a complete assembly that is field repairable by the replacement or repair of defective part(s) within the assembly. 4. Normal Operational Maintenance Services and Wear Parts: Maintenance services and wear parts are excluded from warranty claims. Maintenance services and wear parts not covered include, but are not limited to, such items as: seals, gaskets, hoses, friction plates, glass, dutch and brake linings, filters, wire rope, exterior coatings, proper tightening of bolts, nuts and pipe fittings, adding or replacing of fluids, filters, belts, screening media, rubber skirting, chute linings and paint, services supplies such as hand cleaners, towels and lubricants, and inspedions, diagnostic time and travel time. 5. Transportation cost and/ or damage: Any damage caused by carrier handling is a transportation claim and should be filed immediately with the respective carrier. 6. Deterioration: Repairs, work required or parts exposed as the result of age, storage, weathering, lack of use, demonstration use, or use for transportation of corrosive chemicals. 7. Secondary Failures: Should the owner or operator continue to operate a machine after it has been noted that a failure has occurred, Seller wig not be responsible under the warranty for resultant damage to other parts due to that continued operation. 8. Workmanship of Others: Seller does not accept responsibility for improper installation or labor costs or costs of any kind from personnel other than authorized Seller distributor personnel. 9. Stop and Go Warranty: Seller does not recognize °Stop and Go° warranties. 10. Incidental or Consequential Damage: Seller shall not be liable for any incidental or consequential damages of any kind, including, but not limited to, lost profits, loss of production, increased overhead, loss of business opportunity, delays in production, costs of replacement components and increased costs of operation that may arise from the breach of this warranty. Customer's sole remedy shag be limited to (at Seller's sole option) repair or replacement of the defedive part. THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER OBLIGATIONS OR LIABILITY ON SELLER'S PART. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE LIMITED WARRANTY CONTAINED HEREIN, Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the sale of Seller's equipment. This warranty shall not apply to any of Seller's equipment or any part thereof which has been subject to misuse, alteration, abuse, negligence, accident, ads of God or sabotage. No action by any party shall operate to extend or revive this limited warranty without the prior written consent of Seller. In the event that any provision of this warranty is held unenforceable for any reason, the remaining provisions shall remain in hill force and effect. IN THE EVENT OF ANY BREACH OF THE WARRANTY BY SELLER, SELLER'S LIABILITY SHALL BE LIMITED EXCLUSIVELY TO THE REMEDIES (AT SELLER'S SOLE OPTION) OF REPAIR OR REPLACEMENT OF ANY DEFECTIVE EQUIPMENT COVERED BY THE WARRANTY. IN NO EVENT SHALL SELLER, OR ANY SUBSIDIARY OR DIVISION THEREOF BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES RESULTING FROM A BREACH OF WARRANTY INCLUDING, WITHOUT LIMITATION, LABOR COSTS, LOSS OF USE OF OTHER EQUIPMENT, THIRD PARTY REPAIRS, LOST PROFITS, LOST TIME, TOWING OR HAULING OF EQUIPMENT, RENTAL COSTS, PERSONAL INJURY, EMOTIONAL OR MENTAL DISTRESS, IMPROPER PERFORMANCE OR WORK, PENALTIES OF ANY KIND, LOSS OF SERVICE OF PERSONNEL, OR FAILURE OF EQUIPMENT TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAWS. January 8, 2010 i