Fecon Inc. Limited Warranty
NOTE: THIS IS A LIMITED WARRANTY. PLEASE READ CAREFULLY.
- Subject to the provisions set
forth below, Fecon warrants that products it manufactures will be free of
defects in materials and workmanship for a period of one year or 1,000 hours from the "in
service date" for all Bull Hog mulching heads and FTX tractors. All other
products are limited to six (6) months warranty as described above. THIS IS THE
ONLY WARRANTY DELIVERED BY FECON AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTIBILITY OR FITNESS FOR PARTICULAR PURPOSE. Such warranty is further
limited as expressed below.
- In the event of any warranty
claim, Fecon shall have no obligation other than to either repair or replace any
item subject to warranty at its sole and absolute discretion. Place of repair or
replacement shall be determined by Fecon. Freight and transportation costs to
the point of replacement or repair shall be prepaid by claimant. Freight and
transportation costs for return to claimant after repair or replacement of any
failed items subject to warranty repair or replacement shall be paid by Fecon.
Claimant shall pay freight and transportation costs for return of any items
determined not to be defective or not subject to warranty and therefore not
subject to repair or replacement. Items replaced shall belong to Fecon. In no
event shall Fecon's financial obligation or cost under this warranty exceed the
market value of the equipment involved at the time of such repair or
replacement, as determined by Fecon.
- This warranty IS VOID AS
AGAINST and does NOT cover effects, damage, or failures of or arising from: (a)
components or parts supplied to Fecon by other manufacturers (such as hydraulic
components or bearings), warranties for which will be limited to those given by
the suppliers thereof to the extent transferable by Fecon; (b) ordinary wear and
tear and expenditure of useful life in operation (such as tires, batteries, and
other expendable components); (c) use of products manufactured by Fecon with
parts, equipment, or components not authorized in advance by Fecon; (d) failure
to operate the equipment in accordance with Fecon's instructions for use of
equipment; (e) failure to properly service the equipment in accordance with
Fecon's recommendations for same; (f) modification in a manner not specifically
approved by Fecon, or the use or installation in the item of unauthorized parts
or components; or (g) negligent or improper use and handling of the equipment in
operation or for purposes outside its design specifications.
- IN NO EVENT SHALL FECON BE
LIABLE OR RESPONSIBLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES,
INCLUDING LOST PROFITS OR LOST COMMERCIAL OPPORTUNITIES, with respect to any
item covered by this limited warranty or any action or activity undertaken with
the item, or for any damage sustained by any person claiming to be a third party
beneficiary under this limited warranty. This limited warranty shall extend only
to the initial purchaser of the Fecon product covered by this warranty.
- This limited warranty covers
only new items manufactured by Fecon. It does NOT extend to any used or rebuilt
item, unless the sale order or contract for such item expressly provides for
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