Revised: September, 2019
Statement of Warranty
Supremeequip LLC, a California limited liability company, (“Supremeequip”) warrants that new products manufactured by it (“Equipment”) are free from defects in materials and workmanship, under normal use and servicing, for the periods specified below and commencing on the earliest of the date of sale to the first end-user or first assignment into a rental fleet (but not to exceed 36 months following the commencement date).
Warranty with respect to products, parts, components and accessories not manufactured by Supremeequip, including those contained in Equipment, is strictly limited to the warranty extended by the manufacturer of those items. Engine manufacturers are solely responsible for engine warranties including, but not limited to, any emissions warranties.
The Warranty applies to the Equipment manufactured by Supremeequip and accompanying or referring to this Warranty, irrelevant of whether the purchase is made for business or personal, family, or household purposes. In case of consumer sale, this Warranty applies to the purchased Equipment in compliance with and insofar as permitted by applicable consumer protection laws.
This warranty may not be modified or altered except in writing signed by a duly authorized officer of Supremeequip. No representation of any other party has any effect upon this Warranty.
Supremeequip’s sole obligation under this Warranty is limited to the replacement or repair of the deficient product or its part(s) at no charge delivered from its designated facility, if determined by Supremeequip upon inspection to have been defective in materials or workmanship.
Supremeequip warrants spare or replacement parts will be free from defect in material and workmanship under normal use and service. If the part is shown to have a defect in material or workmanship, Supremeequip shall repair or replace, at its option, such defective part. The warranty period for replacement part(s) is 30 days from the date of end-user’s receipt of the part(s).
Additional remedies may be provided by applicable consumer protection laws, in which case it is the claimant’s obligation to prove that those laws apply to the claimant.
A warranty claim may be made at a designated facility which listing is available at: www.supremeequip.com or in the Contacts section below. A warranty claim shall be made within 30 days from the date of the failure. The designated facility may inspect the Equipment for damage upon receipt; damage incurred during transit should be noted with the shipper prior to accepting the Equipment.
A warranty claim shall reference the model and serial number of the Equipment, date of its sale to to the original purchaser or claimant and date and description of the failure as well as accompany all deficient part(s). Upon request within 30 days of receiving the warranty claim, the part(s) must be returned to the designated facility for further evaluation. Return shipping costs of the part(s) are the responsibility of the claimant.
Unless the claimant agrees in writing to the contrary, the Equipment shall be serviced or repaired so as to conform to the applicable warranties within 30 days since the receipt by the designating facility.
All products are covered by this Warranty for 36 months following the commencement date.
Limitation of Warranty
This warranty does not apply to any failures resulting from: (i) abuse or misuse or improper or unauthorized repair, alteration, maintenance or operation; (ii) accident, natural disaster or act of nature; or (iii) handling, shipping, storage or environmental damage, (iv) any other act, omission or circumstance beyond Supremeequip’s reasonable control.
The above warranties do not apply to failures in the products or replacement parts resulting from:
UNLESS OTHERWISE PRESCRIBED BY APPLICABLE LAW, THE ABOVE WARRANTIES AND REMEDIES (I) ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES WHATSOEVER, EXPRESS OR IMPLIED, EACH OF WHICH ARE EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USAGE OF TRADE AND NONINFRINGEMENT AND (II) SET FORTH THE ENTIRE OBLIGATION OF SUPREMEEQUIP.
SUPREMEEQUIP SHALL NOT BE SUBJECT TO AND HEREBY DISCLAIMS (EVEN IF SUPREMEEQUIP HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME); (I) ANY OBLIGATIONS OR LIABILITIES ARISING FROM BREACH OF THE ABOVE WARRANTIES, OTHER THAN THE EXCLUSIVE REMEDIES EXPRESSLY SET FORTH HEREIN; (II) ANY OBLIGATIONS OR LIABILITIES ARISING FROM TORT CLAIMS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS AND PARTS SOLD BY SUPREMEEQUIP, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO; AND (III) ANY AND ALL CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, CONTINGENT, SPECULATIVE AND SIMILAR DAMAGES.
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