Limited Warranty. For the benefit of the Buyer only, Deist warrants that all new Goods manufactured by Deist shall be free from defects in material and workmanship for the periods specified in Section 6.2, below. Deist’ obligations under this limited warranty are conditioned upon Deist receiving written notice of any defects no later than the expiration of the applicable warranty period.
Length. Unless otherwise specified in the Proposal, the limited warranty set forth in this Section 6 begins on the date that risk of loss to the Goods passes to the Buyer and extends for the following periods for the items indicated: (1) Bucks Fabricating containers, three years; (2) Bucks Fabricating Paint Finishes, one year; (3) Bucks Fabricating hook plate and hook, lifetime; (4) Switch-N-Go components, one year; (5) Switch-N-Go products (systems and bodies), one year; (6) AmeriDeck components, one year; (7) AmeriDeck products (systems and decks), one year; (8) Roll-offParts.com products, one year; and (9) all other Goods, one year.
Alteration; Abuse. The limited warranty set forth in this Section 6 shall be void with respect to Goods which have been: (1) altered by Buyer or any third party; (2) repaired by other than Deist personnel or a Deist approved contractor; (3) subjected to misuse, abuse, neglect or accident; or (4) damaged by improper installation or application.
Exclusions. The limited warranty set forth in this Section 6 shall not apply to, and no warranty is given with respect to: (1) parts, accessories or components manufactured by others, including, but not limited to, belts, springs and electrical components; and (2) bearings and motors.
Exclusive Warranty. THE WARRANTY SET FORTH IN SECTION 7, BELOW, WITH RESPECT TO PATENT INFRINGEMENT, AND THE LIMITED WARRANTY SET FORTH IN THIS SECTION 6 ARE THE EXCLUSIVE WARRANTIES GIVEN BY DEIST WITH RESPECT TO THE GOODS AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, BOTH OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
Limitation of Remedies for Breach of Warranty. In the event of a breach of the limited warranty set forth in this Section 6, Buyer’s sole remedy, and Deist’ sole obligation, is limited to the repair or replacement of the Goods by Deist, at Deist’ option. Such limitation shall apply regardless of whether the claim is characterized as arising out of breach of warranty, contract, tort (including, without limitation, fraud, fraudulent misrepresentation, negligence and/or negligent misrepresentation), strict liability, statutory liability, indemnity or otherwise. The expense of freight to and from the repair site shall be the sole responsibility of Buyer. If the repair site is other than a Deist factory or a location designated by Deist, reasonable out of pocket expenses, including, but not limited to, travel and lodging for Deist’s service personnel shall be the sole responsibility of the Buyer. Buyer shall be solely responsible for any costs associated with making the Goods accessible or otherwise available to Deist for the performance of repair work on, or the replacement of, the Goods. Unless otherwise agreed in writing by Buyer and Deist, Deist shall not be responsible for any back charges of any nature whatsoever.
Assignment of Third Party Warranties. If the Goods contain components which are manufactured by third parties (such as, but not limited to, power units and winches), and which carry a warranty from the manufacturer, Deist shall assign such warranties to Buyer, to the extent permitted by the terms of such warranties. Deist makes no representations or warranties with respect to any such warranties, and Buyer shall look solely to the third party manufacturer for the performance of such warranties. Nothing in this Section 6.7 shall be construed as imposing any warranty obligations upon Deist which are different than, or greater in scope than, those assumed by Deist in Sections 6.1 through 6.6, above, and Section 7, in attached PDF.
A division of Deist Industries,Inc.
3547 Perry Highway
Hadley, PA 16130