Batco FX1535FL Operator's Manual

Batco FX1535FL Operator's Manual Manual pdf 65 page image

P1512120 R3 659. Batco Limited WarrantyThis warranty relates to Batco Conveyors (the “Product”) sold by Batco-Rem, (which is a division of Ag GrowthIndustries Partnership, referred to herein as the “Seller”) and applies only to the first user of the Product (meaning apurchaser directly from the Seller or from an authorized dealer or distributor of the Product, referred to herein as the“Buyer”).This warranty shall only be effective if properly registered with the Seller in accordance with information provided tothe Buyer at the time of sale.1. The Seller warrants to the Buyer that the Product is free from defects in material and workmanship under normal andreasonable use.2. This warranty applies only to defects in materials and workmanship and not to damage incurred in shipping orhandling, through normal wear and tear, or damage due to causes beyond the control of the Seller such as lightning, fire,flood, wind, earthquake, excessive voltage, mechanical shock, water damage, or damage arising out of abuse, alteration,improper assembly, improper installation, improper maintenance or improper repair of the Product.3. The warranty period for the Product shall be one year from delivery of the Product to the Buyer where the Productis used in a normal farm operation. The warranty period for the Product shall be 90 days from delivery of the Productto the Buyer where the Product is used in a commercial operation. No warranty is given where the Product was usedto convey canola. In the event that any part incorporated into the Product is manufactured and sold to the Seller by athird party vendor, such part is only warranted to the extent of the warranty given by that third party.4. The obligations set forth in this warranty are conditional upon the Buyer promptly notifying the Seller of any defectand completing reasonably required documentation and, if required, promptly making the Product available forcorrection. The Seller shall be given reasonable opportunity to investigate all claims and no Product shall be returned tothe Seller or part disposed of until after inspection and approval by the Seller and receipt by the Buyer of writtenshipping instructions, with transportation charges prepaid.5. Upon return of the Product, or such part of the Product that requires correction, the Seller shall, at the Seller’s option,either repair or replace the Product or such part. The Seller shall replace or attempt to repair and return the Product orsuch part within a reasonable period of time from receipt of an approved warranty claim from the Buyer. If the Seller isunable to repair or replace the Product, the Buyer shall be entitled to a credit note in the amount of the purchase pricefor the Product.6. The total liability of the Seller on any claim, whether in contract, tort or otherwise, arising out of, connected with, orresulting from the manufacture, sale, delivery, repair, replacement or use of the Product or any part thereof shall notexceed the price paid for the Product and the Seller shall not be liable for any special indirect, incidental orconsequential damages caused by reason of the installation, modification, use, repair, maintenance or mechanical failureof the Product. Consequential or special damages as used herein include, but are not limited to, lost or damagedproducts or goods, costs of transportation, lost sales, lost orders, lost income, increased overhead, labor andincidental costs and operational inefficiencies.7. Notwithstanding anything contained herein to the contrary, the foregoing is the Buyer’s sole and exclusive remedyfor breach of warranty by the Seller in respect of the Product. The Seller, for itself, its agents, contractors, employeesand for any parent or subsidiary of the Seller, expressly disclaims all warranties, either express or implied, written ororal, including implied warranties of merchantability or fitness for a particular purpose and undertakes no obligationwith respect to the conformity of the Product except as set out in the purchase agreement, if any, or marketingmaterials.8. The foregoing warranty is the entire warranty of the Seller to the Buyer and the Buyer shall not be entitled to relyupon any representation or warranty contained in any marketing material of the Seller in respect of the Product. TheSeller neither assumes, nor authorizes any other person purporting to act on its behalf to modify or to change thiswarranty, nor to assume for it any other warranty or liability concerning the Product.WARRANTY VOID IF NOT REGISTEREDPORTABLE GRAIN BELT CONVEYOR – S-DRIVE FIELD LOADER 9. BATCO LIMITEDWARRANTY

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