Warranty
Warranty on ITD WARRANTYON ITD MANUFACTURED EQUIPMENT:
ITD guarantees to the original Purchaser, for a period of one (1) year following the manufacture date that the Equipment will be free from defects in workmanship and materials. Notwithstanding the foregoing, the components, parts and accessories not manufactured by ITD but which are included or added to the Equipment are subject, as the case may be, to their manufacturer’s warranties and ITD will provide no additional warranty in their regard. ITD makes no warranty, including legal warranty of quality, on components, parts and accessories subject to normal wear and tear, or damaged by corrosion. ITD shall not be responsible for damage to or loss of goods, loss of time or profits, or for any other charges or fees which may be incurred by reason of defects in the Equipment. ITD’s sole obligation under this warranty shall be to repair, or, at its discretion, replace free of charge any defective components, parts and accessories covered by this warranty. WITH THE EXCEPTION OF ADDITIONAL DEGRESSIVE WARRANTY WHICH MAY APPLY TO A SPECIFIC PRODUCT, THE PRESENT LIMITED WARRANTY REPLACES ANY OTHER WARRANTY, EXPRESS OR IMPLIED, AND ITD SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any defect must be reported to ITD in accordance with the policies and warranty procedures of ITD within five (5) days following the day it first appears, failing which the warranty will be void. Unless ITD otherwise provides its prior written consent, all repairs must be performed at an ITD service center. a) The present warranty does not apply if the Equipment has been subject to improper use, has not been properly maintained, has been involved in an accident or a collision, or has been repaired or modified without the prior consent of ITD. “Improper use” includes, without limitation: (i) use of the Equipment for purposes other than for which it has initially been designed, including without limitation failure to observe weight limits and to ensure proper use, as provided by ITD or applicable law, (ii) failure to observe the procedures, instructions, warnings, guidelines and operations manuals which apply to the Equipment, and (iii) failure to observe the industry standards and/or legal or regulatory requirements regarding loading, unloading and transportation of cargo, including without limitation loading and transportation of unlawful loads, loads which are not uniformly distributed, corrosive if not properly wrapped, and not properly attached to avoid irregular or significant impacts. b) This warranty is only applicable on the purchase of new Equipment and is not transferable. c) With respect to used equipment: In case of used equipment, the Equipment is sold in its then current condition without any warranty, at the sole risks and perils of the Purchaser. Without limitation of the foregoing, the Purchaser recognizes having examined the Equipment and declares to be satisfied therewith.