Boxer Product Warranty

WARRANTY AND LIABILITY LIMITATIONS

Mertz Manufacturing, LLC warrants each new Compact Utility Trencher manufactured (hereinafter referred to as the equipment) by us to be free from defects in materials and workmanship, for a period of one (1) year or 1000 operational hours, whichever occurs first from the date of delivery. This warranty is effective provided that the equipment warranted hereunder is operated by the purchaser in accordance with generally approved practices, is properly maintained in accordance with the instructions contained in this owner's manual, and is operated within the manufacturer's rated capacity limitations.

Any parts of the equipment found to be defective within the warranty period shall be repaired or replaced, at Mertz Manufacturing, LLC's sole option. Repairs must be performed at Mertz Manufacturing, LLC facilities or at an authorized dealer facility. Any part or parts proving defective within the above specified time will be repaired or replacement parts furnished, F.O.B. Ponca City, Oklahoma, providing such parts are returned, transportation prepaid, and found to be defective by the manufacturer.

The purchaser is responsible to keep maintenance records to substantiate proper maintenance. If a defect becomes apparent, it is the purchaser's responsibility to notify Mertz Manufacturing, LLC or an authorized dealer of said defect. The purchaser agrees to return the defective equipment or parts to Mertz Manufacturing, LLC or to an authorized dealer facility, freight prepaid, within fifteen (15) days after the defective condition is discovered.

All warranties, if any, extended to Mertz Manufacturing, LLC by manufacturers and suppliers of component parts, accessories, or other goods included in the manufacturing of Mertz Manufacturing, LLC products will be assigned, if contractually permitted, to the purchaser. Specific component warranty details will be provided to the purchaser upon request.

This warranty excludes the following: maintenance items including, but not limited to, seals, track grousers, roller bearings, filters and spark plugs, equipment that has been repaired, replaced, or altered by someone other than Mertz Manufacturing, LLC or an authorized service facility without prior approval from Mertz Manufacturing, LLC unless, however; if Mertz Manufacturing, LLC, in its sole opinion, determines that the defective condition of the equipment was in no way caused by or was attributable to said repairs, replacements, or alternatives.

Mertz Manufacturing, LLC and the purchaser agree that, in consideration of the above expressed warranty, all other warranties other than title, either expressed or implied, whether arising under law or equity including warranties of merchant ability and fitness for a particular purpose are excluded from this contract, further, the foregoing warranty is made solely to the first purchaser and may not be transferred in any form.

The sole liability of Mertz Manufacturing, LLC and the exclusive remedy of the purchaser arising out of the manufacture, sale, or use of the equipment provided

999-823 specifications

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