S
DIVISION
OF
TENAX
CORPORATION
WARRANTY
ICC
Mfg.
Co.
warrants
new
construction
equipment
therefor
sold
by
it
to
be
free
from
defective
materials
and
workmanship.
The
warranty
periods
are
6
months
or
600
hours
whichever comes
first
on
the
machine, and 12 months or 1200 hours whichever comes
first
on
the
power
train only.
The
power
train being the engine, drive pumps and
motors, implement
pump
and valve,
brakes
and final drives. ICC Mfg. Co. makes no
warranty with respect
to
allied equipment or accessories not manufactured by ICC
Mfg. Co. and
being
subject
to
warranty, if any,
provided
by their respective
manufactures
(such
as,
but
not limited to, engines, pumps, motors or like). The
warranty
described in
this
paragraph shall be in
1lieu
of all other warranties,
expressed or implied, including,
but
not limited to, any implied warranty or
merchantability
or
fitness
for
a
particular
purpose.
Upon
notification
to
ICC
Mfg.
Co.
within
the
above-stated
warranty
period
of
any
failure
to
conform
to
this
warranty,
and
upon
inspection
by
ICC
Mfg.
Co.
to
verify
said
nonconformity,
ICC
Mfg.
Co.
will
provide
a
new
part
or
a
repaired
part,
whichever
ICC
Mfg.
Co.
elects,
to
replace
the
part
found
to
be
defective,
along
with
the
labor
for
installation
of
such
new
or
repaired
part.
Such
parts
and
labor
will
be
provided
without
charge
to
the
Purchaser
during
normal
working
hours
at
a
place
of
business
of
an
ICC
Mfg.
Co.
dealer
or
other
establishment
authorized
by
ICC
Mfg.
Co.
to
effect
said
repairs or replacements, but Purchaser
shall
bear all costs of
transporting
the
product
to
and
from
such
place
of
business
or
establishment.
Correction of nonconformities, in
the
manner and for
the
period
of time provided
above, shall constitute fulfillment of all liabilities of ICC Mfg. Co. under this
contract.
THE
REMEDIES
OF
THE
USER
SET
FORTH
HEREIN
ARE
EXCLUSIVE,
WITHOUT
REGARD
TO
WHETHER
ANY
DEFECT
WAS
DISCOVERABLE
OR
LATENT
AT
THE
TIME
OF
DELIVERY
OF
THE
PRODUCT
TO
THE
PURCHASER.
The
essential
purpose of
this
exclusive
remedy
shall
be
to
provide
the
Purchaser
with
repair
or
replacement
of
parts
that
prove
to
be
defective
within
the
period
and
under
the
conditions
previously
set
forth.
This
exclusive
remedy
shall
not.
have failed of its essential purpose
(as
that
term
is
used
in the Uniform
Commercial Code) provided ICC Mfg. Co. remains willing
to
repair or replace
defective
parts
within a commercially reasonable time after
it
obtains actual
knowledge of
the
existence of a particular defect.
IN
NO
EVENT
SHALL
ICC
MFG.
CO.
BE
LIABLE
FOR
ANY
SPECIAL,
CONSEQUENTIAL,
INCIDENTAL
OR
INDIRECT
DAMAGES
WITH
RESPECT
TO
THIS
CONTRACT
OR
ANYTHING
DONE
IN
CONNECTION
THEREWITH,
OR
FOR
PROPERTY
DAMAGE
SUSTAINED
BY
A
PERSON
DESIGNATED
AS
A
THIRD
PARTY
BENEFICIARY
OF
A
SURVIVING
WARRANTY
UNDER
THE
LAW
OF
ANY
JURISDICTION.
ICC MFG.
Co.
1850 W. OLIVER AVENUE
INDIANAPOLIS, IN 46221
EFFECTIVE
April
1,
1995
1850
WEST OLIVER AVENUE
INDIANAPOLIS,
INDIANA
46221
317-638-8145
¢
FAX:
317-632-7482
