New Equipment - Warranty
AGRI-SERVICE LLC Limited Warranty
AGRI-SERVICE LLC ("Agri-Service") warrants to the Buyer that the Dairy Heritage Equipment set out in this Purchase Agreement and supplied by Agri-Service will be free from defects in materials and workmanship for a period of ONE YEAR from the date of purchase. Equipment, parts or accessories manufactured by others and provided by Agri-Service along with the Dairy Heritage equipment may carry a separate warranty. This warranty is conditioned on the accuracy of the information furnished by the customer to Agri-Service at any time, but particularly at the time of purchase, delivery, and installation (where applicable). This warranty also is conditioned upon maintenance being performed according to the instructions provided with the Dairy Heritage piece of equipment. Buyer understands and accepts that any other oral or written statements or representations by Agri-Service, one of its employees, or anyone else representing Dairy Heritage equipment, are not warranties of Agri-Service or the Dairy Heritage equipment.
The Dairy Heritage equipment will fulfill the mechanical function it was designed to perform but due to the wide variation in farm animals, raw product, management practices, and other conditions beyond the control of Agri-Service, no specific level of performance is guaranteed.
Excluded from this Dairy Heritage warranty are damages caused by late delivery, ordinary wear and tear, misuse, abuse, or improper handling or operation of the equipment.
Agri-Service makes no other warranty for the Dairy Heritage equipment that they provide, express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
Agri-Service will repair or replace at the Buyer's location, or at its option, refund the purchase price of the Dairy Heritage equipment which is not as warranted above, provided the Buyer notifies Agri-Service within 30 days of discovery of a defect by the Buyer. The Buyer is responsible to provide information describing which part of the Dairy Heritage equipment is affected and the manner in which the warranty has not been fulfilled.
THE REMEDIES SET OUT ABOVE ARE THE BUYER'S EXCLUSIVE REMEDIES FOR BREACH OF
THIS LIMITED WARRANTY. AGRI-SERVICE IS NOT RESPONSIBLE FOR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, BASED UPON BREACH OF THIS
WARRANTY OR NEGLIGENCE.
Buyer has evaluated the risk of failure of the Dairy Heritage equipment, and that risk is reflected in the
price of the equipment. It is the intention of the parties that their legal rights, remedies and liabilities be
governed solely by the terms of this Limited Warranty.
IN CONSIDERATION OF THIS LIMITED WARRANTY AND REMEDIES SET OUT ABOVE, BUYER WAIVES ANY AND ALL OTHER CLAIMS AND CAUSES OF ACTION AGAINST AGRI-SERVICE RELATING TO THE DESIGN, MANUFACTURE, USE OR OPERATION OF THE DAIRY HERITAGE EQUIPMENT, INCLUDING BUT NOT LIMITED TO 04/30/08
CLAIMS BASED ON BREACH OF CONTRACT, STRICT LIABILITY, PRODUCTS LIABILITY, OR NEGLIGENGE OR OTHER FAULT OF AGRI-SERVICE.