Limited Warranty
Exmark Commercial Turf Equipment
Exmark Mfg. Co. Inc. and its affiliate, Exmark Warranty Company, pursuant to an agreement between them, jointly warrant on the terms and conditions herein, that we will repair, replace or adjust any part manufactured by Exmark and found by us (in the exercise of our reasonable discretion) to be defective in factory material or workmanship.
This warranty is limited to one year from the date of original retail purchase (90 days for rental use) for any Exmark mower that is used for commercial or any other income producing purpose. The blade spindle assemblies will be warranted for three years, one year parts and labor with an additional two years parts only, from date of original retail purchase against defects in materials or workmanship. The hydrostatic traction drive system, excluding hoses, will be warranted for two full years from date of original retail purchase against defects in materials or workmanship. We will extend the Peerless
The engine warranty is covered by its respective engine manufac- turer. Please refer to the engine manufacturer's warranty state- ment that is included in the literature packet. We are not authorized to handle warranty adjustments on engines. Engine warranties should be referred to the nearest authorized service outlet of the engine manufacturer.
This warranty extends only to the original retail purchaser of the equipment. This warranty may not be assigned or transferred without the prior express written consent of Exmark and Exmark Warranty Company. The warranty period commences upon the date of original retail purchase.
The Exmark turf equipment, including any defective part, must be returned to an authorized Exmark service dealer within the warranty period. The warranty shall extend to the expense of repair or replacement (as determined by us) of the defective part, including labor. The warranty shall not extend to the expense of delivering the mower to the dealer for warranty work nor the expense of returning it back to the owner after repair or replacement. Our responsibility in respect to claims is limited to making the required repairs or replacements, and no claim of breach of warranty shall be cause for cancellation or rescission of the contract of sale of any Exmark mower. Proof of purchase may be required by the dealer to substantiate any warranty claim. All warranty work must be performed by an authorized Exmark service dealer.
This warranty extends only to turf equipment operated under normal conditions and properly serviced and maintained. The warranty expressly does not cover (1) any damage or deterioration due to normal use, wear and tear, or exposure; (2) normal maintenance services, such as oil change, cleaning, lubrication, or adjustment; (3) replacement of service items, such as oil, lubricants, spark plugs, or other items subject to normal service replacement; (4) damage or defects arising out of or relating to misuse, neglect, alteration, negligence, or accident; (5) repair or replacement arising from operation of or use of the turf equipment which is not in accordance with operating instructions as specified in the operator's manual or other operational instructions provided by Exmark; (6) repair or replacement arising as a result of any operation from turf equipment that has been altered or modified so as to, in the determination of Exmark or Exmark Warranty Company, adversely affect the operation, performance or durabili- ty of the equipment or that has altered, modified or affected the turf equipment so as to change the intended use of the product; (7) repair or replacement necessitated by use of parts, accessories or supplies, including gasoline, oil, or lubricants, incompatible with the turf equipment or other than as recommended in the operator's manual or other operational instructions provided by Exmark; (8) repairs or replacements resulting from parts or accessories which have adversely affected the operation, performance, or durability
of the turf equipment; or (9) damage or defects due to or arising out of repair of turf equipment by person or persons other than an authorized Exmark service dealer or the installation of parts other than genuine Exmark or Exmark recommended parts.
As a condition to this warranty, the customer shall have read the operator's manual and shall have completed and returned to Exmark Warranty Company, within the prescribed time, the Exmark warranty registration.
The sole liability of Exmark and Exmark Warranty Company, with respect to this warranty, shall be repair and replacement as set forth herein. Neither Exmark nor Exmark Warranty Company shall have liability for any other cost, loss, or damage, including but not limited to, any incidental or consequential loss or damage. In particular, we shall have no liability or responsibility for (1) expenses relating to gasoline, oil, or lubricants; (2) loss, cost, or expense relating to transportation or delivery of turf equipment from the location of owner or location where used by owner to or from any authorized Exmark service dealer; (3) travel time, overtime, after hours time, or other extraordinary repair charges or charge relating to repairs or replacements outside of normal business hours at the place of business of the authorized Exmark service dealer; (4) rental of like or similar replacement equipment during the period of any warranty, repair, or replacement work; (5) any telephone or telegram charges or travel charges; (6) loss or damage to person or property other than that covered by the terms of this warranty; (7) any claims for lost revenue, lost profit, or additional cost as a result of a claim of breach of warranty; or (8) attorney's fees.
There are no representations or warranties which have been authorized and provided to the buyer of the turf equipment other than as set forth in this warranty. Any and all statements or representations made by any seller of this equipment, including those set forth in any sales literature or made orally by any sales representative, are superseded by the terms of this warranty. Any affirmation of fact or promise made by Exmark, Exmark Warranty Company, or any of their representatives, to the buyer, which relates to the goods that are the subject of this warranty, shall be regarded as part of the basis of the bargain and shall not be deemed to create any express warranty that such goods shall conform to the affirmation or promise.
THERE ARE NO OTHER UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS, OR WARRANTIES, EXPRESS OR IM- PLIED (INCLUDING BUT NOT LIMITED TO ANY REGARDING THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), NOT SPECIFIED HEREIN, RESPECTING THE EQUIPMENT WHICH IS THE SUBJECT OF THIS WARRANTY.
This warranty applies to all Exmark turf equipment sold in the United States and Canada and intended to be used for commercial purposes.
Rev. 11/12/1999