Appears in 2 contracts

Samples: Distributorship Agreement, www.sec.gov

Axles. brake components, brake discs, oils, interleaf axle mountings and all rubber suspension bushes. Failure due to damage due to misuse and / or secondary contamination of any type from items not on extended cover. Terex Construction neither assumes nor authorizes any other person to assume for any Terex Construction Party any other liability in connection with the sale of any Terex Construction Party’s equipment. This warranty shall not apply to any Terex Construction Party equipment or any part thereof which has been subject to misuse, alteration, abuse, negligence, accident, acts of God or sabotage. No action by any party shall operate to extend or revive this limited warranty without the prior written consent of the Terex Construction Party sought to be bound by such extension or revivification. The aggregate liability of the Terex Construction Parties shall in no event exceed the purchase price of the equipment, provided that nothing herein shall exclude liability of the Terex Construction Parties for death or personal injury. IN THE EVENT OF ANY BREACH OF THIS WARRANTY BY ANY OF THE TEREX CONSTRUCTION PARTIES, THE AGGREGATE LIABILITY OF TEREX CONSTRUCTION, AND EACH TEREX CONSTRUCTION PARTY, SHALL BE LIMITED EXCLUSIVELY TO THE REMEDIES (AT THE SOLE OPTION OF THE RELEVANT TEREX CONSTRUCTION PARTY) OF REPAIR OR REPLACEMENT OF ANY DEFECTIVE EQUIPMENT COVERED BY THE WARRANTY. IN NO EVENT SHALL TEREX CONSTRUCTION, ANY TEREX CONSTRUCTION PARTY, OR ANY AFFILIATE OR PARENT OF ANY OF THEM BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES RESULTING FROM A BREACH OF WARRANTY INCLUDING, WITHOUT LIMITATION, LABOR COSTS, LOSS OF USE OF OTHER EQUIPMENT, THIRD PARTY REPAIRS, IMPROPER PERFORMANCE OR WORK, PENALTIES OF ANY KIND, LOSS OF SERVICE OF PERSONNEL, OR FAILURE OF EQUIPMENT TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW Terex Equipment limited Terex United Kingdom Limited Terex GmbH Terex|Xxxxx GmbH Atlas Terex UK ~~Limited~~Limited Newhouse Industrial Estate Central Blvd – Prologis Park Xxxxxxxxxx. 0 Xxxxxxxxxxx. 0 Xxxx 0 Xxxxxx Xxxxxxxxxx Xxxxxx Motherwell ML1 5RY Scotland Coventry XX0 0XX 00000 Xxxxxxxxxx X-00000 Xxx Xxxxxxxxx Xxxxxxxx Xxxxxxx Germany Germany Xxxxxxxxxxx XX0 0XX Xxxxxxx Terex Construction France, S.A.S. Terex Equip. & Mach. Espana S.L.U. Terex Vectra Equipment (P) Ltd. Terex Distribution Limited 39 Rue des Peupliers Xxxxxxx xx Xxxxxx 000 Xxxx Xx. 00, Xxxxx Xxxxx Wharfedale Rd. Euroway Trading Est. Batiment K Xxxxxxx xxx Xxx, 00000 Xxxxxx Xxxxx Xxxxxxx Xxxxx, X.X. Xxxxxxxx Xxxxxxxx XX0 XX0 Xxxxxxx 92 000 Xxxxxxxx Xxxxx Xxxxx Xxxxxxx - 000000, Xxxxx A.S.V., Inc. (“Seller”) STANDARD LIMITED NEW PRODUCT WARRANTY STANDARD LIMITED NEW PRODUCT WARRANTY – TEREX CONSTRUCTION AMERICAS Terex Corporation d/b/a Terex Construction Americas and A.S.V., Inc. (hereafter referred to collectively as “Terex”) warrant new Off Highway Rigid and Articulated Dump Trucks, Motor Scrapers, Tractor Loader Backhoes, Site Dumpers, Compaction Equipment, Rollers, Crawler Excavators, Mobile Excavators, Tunnel Excavators, Wheeled Loaders, Material Handlers, Compact Track Loaders and Tracked Utility Vehicles Products manufactured or sold by item (such items collectively, the “Products”) to be free, under normal use and service, of any defects in manufacture or materials as follows: For Off Highway Rigid Dump Trucks: for a period of twelve (12) months or 5,000 hours of operation, whichever occurs first, from (s) delivery to, and placement into service by the first user (including as a demonstrator or rental unit) or (b) delivery to the first retail purchaser, whichever occurs first. For MHL and RHL models and factory produced attachments of Terex Xxxxx brand Material Handling Equipment, as follows: • for the Full Machine, for a period of twenty-four (24) months or 4,000 hours of operation, whichever occurs first from, (a) delivery to and placement into service by the first user or (b) delivery to the first retail purchaser, whichever occurs first; • for the powertrain, for a period of thirty-six (36) months or 5,000 hours of operation, whichever occurs first, from (a) delivery to, and placement into service by the first user or (b) delivery to the first retail purchaser, whichever occurs first; and • for the boom, stick, main frame and cab elevation arms (excluding wear items), for a period of sixty (60) months or 10,000 hours of operation, whichever occurs first, from (a) delivery to, and placement into service by the first user or (b) delivery to the first retail purchaser, whichever occurs first. For all other Products: for a period of twelve (12) months from (a) delivery to, and placement into service by the first user (including as a demonstrator or rental unit) or (b) delivery to the first retail purchaser, whichever occurs first. For powertrain components contained in Articulated Dump Trucks only: In addition to the warranty contained in the previous paragraph, for powertrain components contained in Articulated Dump Trucks, for a period of thirty-six (36) months or 5,000 hours of operation, whichever occurs first, from (a) delivery to, and placement into service by the first user or (b) delivery to the first retail purchaser, whichever occurs first. For rubber tracks on Products: for a period of twenty-four (24) months from the date of start up, or 1,000 hours of operation, whichever occurs first, on the lasts of a Prorated Allowance (as hereinafter defined), from (a) delivery to, and placement into service by the first user (inducting as a demonstrator or rental unit) or (b) delivery to the first retail purchaser, whichever occurs first. Automatic Commencement of Warranty: Notwithstanding the foregoing time periods, all Product and rubber track warranties will commence twenty-four (24) months from the date of initial sale to the Authorized Distributor, regardless of use. The warranties provided herein shall only apply if Terex receives written notice of the defect within thirty (30) days of its discovery and Buyer establishes that (i) the equipment has been maintained end operated within the limits of rated and normal usage; and (ii) the defect did not result in any manner from the intentional or negligent action or inaction by Buyer, its agents or employees If Buyer cannot establish that conditions (i) and (ii) above have been met, then this warranty shall not cover the alleged defect. If requested by Terex, Buyer must return the defective equipment to an authorized Distributor of the Products (“Authorized Distributor”) and defective parts to Terex. For the avoidance of doubt, Terex’s warranty for powertrain components shall cover the Product’s powertrain, with the exception of:

Appears in 1 contract

Samples: Agreement (A.S.V., LLC)

Axles. brake components, brake discs, oils, interleaf axle mountings and all rubber suspension bushes. Failure due to damage due to misuse and / or secondary contamination of any type from items not on extended cover. Terex Construction neither assumes nor authorizes any other person to assume for any Terex Construction Party any other liability in connection with the sale of any Terex Construction Party’s equipment. This warranty shall not apply to any Terex Construction Party equipment or any part thereof which has been subject to misuse, alteration, abuse, negligence, accident, acts of God or sabotage. No action by any party shall operate to extend or revive this limited warranty without the prior written consent of the Terex Construction Party sought to be bound by such extension or revivification. The aggregate liability of the Terex Construction Parties shall in no event exceed the purchase price of the equipment, provided that nothing herein shall exclude liability of the Terex Construction Parties for death or personal injury. IN THE EVENT OF ANY BREACH OF THIS WARRANTY BY ANY OF THE TEREX CONSTRUCTION PARTIES, THE AGGREGATE LIABILITY OF TEREX CONSTRUCTION, AND EACH TEREX CONSTRUCTION PARTY, SHALL BE LIMITED EXCLUSIVELY TO THE REMEDIES (AT THE SOLE OPTION OF THE RELEVANT TEREX CONSTRUCTION PARTY) OF REPAIR OR REPLACEMENT OF ANY DEFECTIVE EQUIPMENT COVERED BY THE WARRANTY. IN NO EVENT SHALL TEREX CONSTRUCTION, ANY TEREX CONSTRUCTION PARTY, OR ANY AFFILIATE OR PARENT OF ANY OF THEM BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES RESULTING FROM A BREACH OF WARRANTY INCLUDING, WITHOUT LIMITATION, LABOR COSTS, LOSS OF USE OF OTHER EQUIPMENT, THIRD PARTY REPAIRS, IMPROPER PERFORMANCE OR WORK, PENALTIES OF ANY KIND, LOSS OF SERVICE OF PERSONNEL, OR FAILURE OF EQUIPMENT TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW Terex Equipment limited Terex United Kingdom Limited Terex GmbH ~~Terex|Xxxxx GmbH~~ Terex|Fucxx XxbH Atlas Terex UK ~~Limited~~Limited Newhouse Industrial Estate Central Blvd – Prologis Park Schxxxxxxx. 0 Xxxxxxxxxxx. 0 Xxxx 0 Xxxxxx Xxxxxxxxxx Xxxxxx Xotherwell ML1 5RY Scotland Coventry CV6 0XX 74500 Xxxxxxxxxx D-70000 Xxx Xxxxxxxxx Xxxxxxxx Xxxxxxx Germany Germany Lanxxxxxxxx XX0 0XX Xxxxxxx Terex Construction France, S.A.S. Terex Equip. & Mach. Espana S.L.U. Terex Vectra Equipment (P) Ltd. Terex Distribution Limited 39 Rue des Peupliers Avexxxx xx Xxxxxx 000 Xxxx Xx. 00, Xdyxx Xxxxx Wharfedale Rd. Euroway Trading Est. Batiment K Argxxxx xxx Xxx, 00000 Xxxxxx Xxxxx Grexxxx Xxxxx, X.X. Xxxxxxxx Xxxxxxxx XX0 XX0 Xxxxxxx 92 752 Xxxxxxxx Xxxxx Xxxxx Xxxxxxx - 000000, Xxxxx A.S.V., Inc. (“Seller”) STANDARD LIMITED NEW PRODUCT WARRANTY STANDARD LIMITED NEW PRODUCT WARRANTY – TEREX CONSTRUCTION AMERICAS Terex Corporation d/b/a Terex Construction Americas and A.S.V., Inc. (hereafter referred to collectively as “Terex”) warrant new Off Highway Rigid and Articulated Dump Trucks, Motor Scrapers, Tractor Loader Backhoes, Site Dumpers, Compaction Equipment, Rollers, Crawler Excavators, Mobile Excavators, Tunnel Excavators, Wheeled Loaders, Material Handlers, Compact Track Loaders and Tracked Utility Vehicles Products manufactured or sold by item (such items collectively, the “Products”) to be free, under normal use and service, of any defects in manufacture or materials as follows: For Off Highway Rigid Dump Trucks: for a period of twelve (12) months or 5,000 hours of operation, whichever occurs first, from (s) delivery to, and placement into service by the first user (including as a demonstrator or rental unit) or (b) delivery to the first retail purchaser, whichever occurs first. For MHL and RHL models and factory produced attachments of Terex Fucxx xxand Material Handling Equipment, as follows: • for the Full Machine, for a period of twenty-four (24) months or 4,000 hours of operation, whichever occurs first from, (a) delivery to and placement into service by the first user or (b) delivery to the first retail purchaser, whichever occurs first; • for the powertrain, for a period of thirty-six (36) months or 5,000 hours of operation, whichever occurs first, from (a) delivery to, and placement into service by the first user or (b) delivery to the first retail purchaser, whichever occurs first; and • for the boom, stick, main frame and cab elevation arms (excluding wear items), for a period of sixty (60) months or 10,000 hours of operation, whichever occurs first, from (a) delivery to, and placement into service by the first user or (b) delivery to the first retail purchaser, whichever occurs first. For all other Products: for a period of twelve (12) months from (a) delivery to, and placement into service by the first user (including as a demonstrator or rental unit) or (b) delivery to the first retail purchaser, whichever occurs first. For powertrain components contained in Articulated Dump Trucks only: In addition to the warranty contained in the previous paragraph, for powertrain components contained in Articulated Dump Trucks, for a period of thirty-six (36) months or 5,000 hours of operation, whichever occurs first, from (a) delivery to, and placement into service by the first user or (b) delivery to the first retail purchaser, whichever occurs first. For rubber tracks on Products: for a period of twenty-four (24) months from the date of start up, or 1,000 hours of operation, whichever occurs first, on the lasts of a Prorated Allowance (as hereinafter defined), from (a) delivery to, and placement into service by the first user (inducting as a demonstrator or rental unit) or (b) delivery to the first retail purchaser, whichever occurs first. Automatic Commencement of Warranty: Notwithstanding the foregoing time periods, all Product and rubber track warranties will commence twenty-four (24) months from the date of initial sale to the Authorized Distributor, regardless of use. The warranties provided herein shall only apply if Terex receives written notice of the defect within thirty (30) days of its discovery and Buyer establishes that (i) the equipment has been maintained end operated within the limits of rated and normal usage; and (ii) the defect did not result in any manner from the intentional or negligent action or inaction by Buyer, its agents or employees If Buyer cannot establish that conditions (i) and (ii) above have been met, then this warranty shall not cover the alleged defect. If requested by Terex, Buyer must return the defective equipment to an authorized Distributor of the Products (“Authorized Distributor”) and defective parts to Terex. For the avoidance of doubt, Terex’s warranty for powertrain components shall cover the Product’s powertrain, with the exception of:

Appears in 1 contract

Samples: Distributorship Agreement (A.S.V., LLC)

Common use of Axles Clause in Contracts