LIMITED WARRANTY (Effective 11-21-2016)

New Equipment/Parts: In the case of the purchase of new Equipment/Parts, and solely for the benefit of the original user, Seller warrants to Buyer, that for a period of twenty-four (24) months from the date of delivery that new Equipment/Parts shall conform to the material and technical specifications set forth in the Agreement. Goods manufactured by others are sold "as is" except to the extent the manufacturer honors any applicable warranty made by the manufacturer. Secondhand goods are sold "as is". If the new Equipment/Parts fail to conform with such specifications upon inspection by Seller, the Seller will, at its option and as the Buyer’s sole remedy, either repair or replace such defective Equipment/Parts with the type originally furnished.

Remanufactured Equipment/Parts: In the case of the purchase of remanufactured Equipment/Parts, and solely for the benefit of the original user, Seller warrants to Buyer, that for a period of twenty-four (24) months from the date of delivery that reconditioned Equipment/Parts will be free from defects in material and workmanship. If the reconditioned Equipment/Parts fail to conform with such warranty upon inspection by Seller and as determined by Seller, Seller will, at its option and as Buyer’s sole remedy, either repair or replace such defective Equipment/Parts with the type originally furnished.

Overhauled Equipment/Parts: Seller warrants that for a period of four (4) months from the date of delivery by Seller or three (3) months from installation, whichever is earlier, that overhauled Equipment/Parts will be free from defects in workmanship. If the overhauled Equipment/Parts fail to conform with such warranty upon inspection by Seller, Seller will, at its option and as Buyer’s sole remedy, either repair or replace such defective Equipment/Parts with the type originally furnished. This warranty expressly assumes that parts normally considered expendables (including, but not limited to rubber goods, seals (rubber, polymer and/or metallic) and/or bearings, are replaced during overhaul. If Buyer requests that such parts not be replaced, Seller hereby disclaims any warranty for said overhauled Equipment/Parts.

Service: Seller warrants that Services shall conform to the material aspects of the specifications set forth in the Agreement. Seller shall re-perform that part of the non-conforming Services, provided Seller is notified by Buyer prior to Seller’s departure from the worksite.

Rental: Seller warrants that Rental equipment provided shall conform to the material aspects of the specifications set forth in the Agreement. Provided Seller is notified by Buyer prior to Seller’s departure from the worksite, Seller shall repair or replace non-conforming Rental equipment. In the event of failure or other non-performance of Seller’s Rental equipment’s contributing to loss of hole, rental rates will apply during re-drill to equivalent TD.

Seller’s warranty obligations hereunder shall not apply if non-conformity or failure was caused by:
(a) Buyer’s failure to properly store or maintain the equipment or parts.
(b) Unauthorized modification, repair or service of the equipment or parts by Buyer.
(c) Utilization of replacement parts not supplied by Seller.
(d) Use or handling of the equipment by Buyer in a manner inconsistent with Seller’s recommendations.

Further, Seller’s warranty obligations shall terminate if:
(a) Buyer fails to perform its obligations under this or any other Agreement between the parties.
(b) Buyer fails to pay any charges due Seller.

Any third party warranties provided on equipment or parts are assigned to Buyer, without recourse, at the time of delivery, provided such warranties are assignable.

Buyer shall be responsible for all shipping charges and the payment of duties or taxes on warranty claims, if applicable.

The Seller shall be under no liability because of normal wear and tear of operation or maintenance contrary to the manufacturer's official Operator's Manual.

The Buyer accepts any liability for damage or injury resulting from the removal or alteration of safety guards and safety precautions provided on the unit at the time of delivery.

This warranty shall not apply and Seller shall have no liability under it or otherwise if the unit shall have been injured by accident, careless handling or improper applications, or if any repairs have been made to the unit by other than Seller, its agents, or employees.