
Warranty
Chapter 3: Warranty
Limited Warranty
What does the Limited Warranty cover?
The ultimate purchaser/user (“you”), by acceptance of seller Capstan Ag Systems, Inc.’s, (“our,” “we,” or “us”)
product, assume all risk and liability of the consequences of any use or misuse by you, your employees, or
others.
All replacement components furnished under this warranty, but shipped before the failed component is returned
for evaluation, will be invoiced in the usual manner and warranty adjustments will be made after the component
claimed to be defective has been returned to and inspected and deemed defective by us at our factory.
Upon determining that a component has failed under warranty, the repaired component or replacement
component, furnished under this warranty, will be shipped at our expense, to your location. We will credit you
an amount equal to the incoming freight you paid. We shall not be responsible for installation costs. (You shall
be responsible for all customs and brokerage fees for all international transactions.)
If the component does not prove to be defective, you shall be liable for all freight, inspection and handling
costs. In no event will any claim for labor or incidental or consequential damages be allowed for removing or
replacing a defective product. Warranty will be denied on any component which has been subject to misuse,
abuse, accidents, or alterations, or to improper or negligent use, maintenance, storage or transportation and
handling.
Our liability under this warranty, or for any loss or damage to the components whether the claim is based
on contract or negligence, shall not, in any case, exceed the purchase price of the components and upon the
expiration of the warranty period all such liability shall terminate. The foregoing shall constitute your exclusive
remedy and our exclusive liability.
The terms of this warranty do not in any way extend to any product which was not manufactured by us or one of
our affiliates.
While necessary maintenance or repairs on your Capstan Ag Systems, Inc. product can be performed by
any company, we recommend that you use only authorized Capstan Ag Systems, Inc. dealers. Improper or
incorrectly performed maintenance or repair voids this warranty.
The foregoing warranty is exclusive and is in lieu of all other warranties expressed or implied. We shall not be
liable for any incidental or consequential damages resulting from any breach of warranty.
Your exclusive remedy for breach of warranty shall be repair or replacement of defective component(s):
Provided, if the component(s) are incapable of being repaired or replaced, your exclusive remedy shall be credit
issued, but such credit shall not exceed the purchase price of the components.
On any claim of any kind, including negligence, our liability for any loss or damage arising out of, or from the
design, manufacture, sale, delivery, resale, installation, technical direction of installation, inspection, repair,
operation of use of any products shall in no case exceed the purchase price allocable to the components.
In no event, whether as a result of breach of contract or warranty or alleged negligence, shall we be liable for
incidental or consequential damages, including, but not limited to: personal injury, loss of profits or revenue,
loss of use of equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or
services, downtime costs, environmental damage, crop losses, or claims of customers of you for such damages.
What is the period of coverage?
We warrant to you, that our products are free from defects in material and workmanship in normal use and
service for a period of one year from date of purchase.
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