Note: these terms are provided on each Sales Order as part of Terms and Conditions of Sale for North and South Asia.
(a) Unless otherwise stated in the warranty documentation, the Company, through the Purchaser, warrants that
(i) the Equipment sold will be free of defects in material and workmanship for a period of twelve (12) months from the date of the equipment is
placed in operation or eighteen (18) months from the date of shipment by the Company, whichever occurs first, and
(ii) parts sold will be free of defects in material and workmanship for a period of six (6) months from the date of shipment, and
(iii) reconditioned parts will be free of defects in material and workmanship for a period of three (3) months subject to the remaining
sub-paragraphs to this Paragraph hereunder.
(b) These warranties shall apply unless otherwise stated in the warranty documentation. Nothing in this Paragraph shall affect the statutory rights of a consumer.
(c) The Company will provide a new part or repaired part, at its election, in place of any part which is found upon its inspection to be defective in material and workmanship during the period described above. At the option of the Company, such part will be repaired or replaced without charge
to the initial user. Initial user must present proof of purchase (and purchase date) at the time of making a claim under this warranty. This warranty does not apply to failures occurring as a result of abuse, misuse, negligent repairs, corrosion, erosion, normal wear and tear, alterations and modifications made to the Equipment without express written consent of the Company, or failure to follow the recommended operating practices, services and maintenance procedures as provided in the product's operating practices, services and maintenance procedures as provided in the Equipment's operating and maintenance publications. All maintenance, service and repair work must be completed by an authorized distributor of the Company or other approved establishment and only genuine Company approved parts shall be used in such work. Failure to comply strictly with these requirements shall invalidate this warranty.
(d) The warranty provided herein does not apply to engines and motors which are manufactured by the Company (or its associated, affiliated, subsidiary or holding companies) as they are warranted by their respective manufacturers directly to the initial user.
(e) THE COMPANY EXCLUDES OTHER CONDITIONS, WARRANTIES OR REPRESENTATIONS OF ALL KINDS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE (EXCEPT THAT OF TITLE) INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS RELATING TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
(f) CORRECTIONS BY THE COMPANY OF NONCONFORMITIES WHETHER PATENT OR LATENT, IN THE MANNER AND FOR THE TIME PERIOD PROVIDED ABOVE, SHALL CONSTITUTE FULFILMENT OF ALL LIABILITIES OF THE COMPANY FOR SUCH NONCONFORMITIES, HOWSOEVER CAUSED OR ARISING (INCLUDING CONTRACT, WARRANTY, TORT, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR
OTHERWISE) IN RELATION TO SUCH EQUIPMENT.