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No warranties
express or implied, as to SCHAEFF equipment or
SCHAEFF parts which are integral to such
machines, are made by SCHAEFF except for the
following warranty and the limited warranty
covering SCHAEFF machines.
1. SCHAEFF
LIFT TRUCK (Company) warrants to the
Dealer (Seller) who, pursuant to agreement with
the Company, hereby, on its own behalf, warrants
to the Buyer.
(a) that every new SCHAEFF
machine supplied by SCHAEFF LIFT TRUCK or
an authorized distributor or dealer of SCHAEFF
LIFT TRUCK will be free from defects in
material and workmanship, under normal use and
service, for 24 months from date the machine is
delivered by SCHAEFF LIFT TRUCK to a
distributor or dealer OR UNTIL THE MACHINE HAS
BEEN USED FOR THE FOLLOWING PERIODS:
1. 6
months or 1000 hours of operation, whichever
occurs first from the date of delivery to the
first user of a new SCHAEFF product. The
warranty covers the cost of, during normal
working hours, replacing, or, at the option of
SCHAEFF LIFT TRUCK, repairing by an
authorized SCHAEFF dealer, parts found to be
defective or not in compliance.
2. 12
months or 2,000 hours of operation, whichever
occurs first from date of delivery to the first
user of a new SCHAEFF product, the following
major components: differentials, planetary axles
and planetary drive units; electric traction
motors, pump motors and power steering motors;
hydraulic components including cylinders, pumps,
motors, directional control valves and
hydrostatic transmissions; SCR static panel
components; contactors, exclusive of switches
and tips; and SCR controller assembly.
The 12 month/2000 hour warranty is limited to
providing a replacement part, not including
freight, special charges or cost of installation
to replace that part found to be defective or
not in compliance, or in the alternative, at the
sole option of SCHAEFF LIFT TRUCK, the
cost, during normal working hours, of repairs to
that part, not including travel.
Internal
combustion engine warranty must be submitted to
the Engine Manufacturer for consideration.
Consult SCHAEFF LIFT TRUCK for the engine
dealer nearest your dealership.
(b) that
every new SCHAEFF part, supplied by SCHAEFF LIFT
TRUCK to the original retail customer or
an authorized distributor or dealer of SCHAEFF
LIFT TRUCK will be free from defects in
material and workmanship, under normal use and
service when properly installed in a SCHAEFF
product as a replacement part, for 6 months or
1000 hours, whichever occurs first from date of
installation, provided that the customer has
fulfilled all of his obligations pursuant to his
purchase agreement, including, in particular,
his obligation as to payment.
2. The
obligation of SCHAEFF LIFT TRUCK under
this warranty is limited, at the election of
SCHAEFF LIFT TRUCK to the repair or
replacement of such parts as are acknowledged by
SCHAEFF LIFT TRUCK to be defective in
material or workmanship during the warranty
period. Such repair or replacement will be made
according to the terms of the warranty period at
the dealer or distributor's premises, or, at the
option of SCHAEFF LIFT TRUCK at such
other location as SCHAEFF LIFT TRUCK may
designate. All parts which are replaced shall
become the property of SCHAEFF LIFT TRUCK
UNDER NO CIRCUMSTANCES WILL THE CUSTOMER
BE ENTITLED TO RESCISSION OR TO A REDUCTION IN
THE PURCHASE PRICE OR TO ANY DIRECT, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO LOSS OF TIME,
INCONVENIENCE, LOSS OF USE OF EQUIPMENT, COSTS
OF RENTALS OR REPLACEMENTS, OR OTHER COMMERCIAL
LOSS.
3. This warranty does not cover the
following: defects, damage or deterioration due
to normal use, wear and tear, exposure,
corrosion, or prolonged or improper storage;
normal maintenance service or the replacement or
repair of parts required to be replaced or
repaired in the course of normal maintenance
service; damage or defects due to failure to
comply with installation, operation, maintenance
or lubrication instructions; damage or defects
due to misuse, alteration, negligence, accident,
use of the machine or parts in an improper or
excessive manner or for a purpose of which it
was not intended or operation of the machine
with improper fuel or lubricants; damage or
defects in machines or parts exposed to fire;
damage or defects due to chemical or electrical
action and damage or defects due to the repair
of the machine or part in an unauthorized manner
or the installation of parts other than genuine
SCHAEFF parts.
4. THIS WARRANTY AND THE
LIMITED WARRANTY COVERING SCHAEFF MACHINES AND
THEIR NEW SCHAEFF COMPONENT PARTS IS IN LIEU OF
ALL OTHER EXPRESS OR IMPLIED WARRANTIES OF
SCHAEFF LIFT TRUCK WITH RESPECT TO SCHAEFF
MACHINES AND SCHAEFF PARTS INSTALLED IN SUCH
MACHINES, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS
FOR ANY PARTICULAR PURPOSE, SCHAEFF LIFT TRUCK NEITHER ASSUMES NOR AUTHORIZES ANY DEALER,
DISTRIBUTOR, OR OTHER PERSON TO ASSUME, ON ITS
BEHALF, ANY OTHER OBLIGATION OR LIABILITY.
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