Mongo Attachments, LLC (hereinafter referred to as “Mongo Attachments” or “Mongo”) warrants that all equipment manufactured and delivered by Mongo Attachments will be free from defects in material and workmanship for a period of one year from the date of purchase (“Warranty Period”) of said equipment, except for as stated in this Warranty.
This Warranty does not apply to: 1) any item of equipment which has been improperly stored, installed, operated or maintained or which Buyer has itself modified, replaced, adjusted, or repaired or permitted modification, replacements, adjustments, or repairs by third persons, without the consent of Mongo Attachments; 2) any item of equipment which has been reconstructed, repaired or altered by Persons other than Mongo Attachments or an authorized representative of Mongo Attachments; 3) equipment failure resulting from the use of non-Mongo produced replacement parts, or from installation and use of add-on, modified, or unapproved accessories; 4) any item of equipment subjected to abuse, misuse, neglect, negligence, accident, recklessness, improper testing, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by Mongo Attachments; 5) wear and tear as a result of normal use, including but not limited to teeth, tines, blades, belts, powder coating finish, hoses and their fittings; 6) equipment failures caused by weather, Buyer’s storage practices, contamination, or use of unapproved coolants, lubricants, or chemicals; cosmetic issues such as scrapes, scratches, dents, or worn painted surfaces; and 7) other items and conditions as determined by Mongo Attachments.
Notwithstanding the above exceptions, if any item of equipment shall prove defective in material or workmanship during the above Warranty Period, Buyer shall notify Mongo Attachments within thirty (30) days of failure of the equipment or discovery of defect by contacting an authorized Mongo Attachments dealer to arrange inspection of the equipment. An inspection by an authorized Mongo Attachments dealer or a direct inspection by Mongo Attachments shall then occur. If found to be defective, Mongo will approve the warranty claim. Upon approving the warranty claim, Mongo Attachments can, at its option, adjust, modify, repair or replace said defective equipment or equipment part. Mongo shall have the option to return the equipment to the site of manufacture, F.O.B., to make necessary repairs or to make such adjustment, modification or repair at the point of installation.
Prior to repair or replacement, proof of purchase must be provided, or warranty claim will be automatically denied. In the event Buyer disagrees with the assessment of the equipment by the authorized Mongo Attachments dealer, Buyer may contact Mongo Attachments to request further review. Mongo Attachments reserves the right, but not the obligation, to review the determination made by the authorized dealer and affirm or deny its decision.
BUYER AND MONGO AGREE THAT, IN CONSIDERATION OF THE ABOVE WARRANTY, ALL OTHER WARRANTIES AND GUARANTEES, OTHER THAN TITLE, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER LAW OR EQUITY OR COURSE OF DEALING OR CUSTOM OF TRADE, INCLUDING WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS CONTRACT.
The sole liability of Mongo and the exclusive remedy of Buyer arising out of the manufacture, sale, or furnishing of equipment hereunder or its use, whether arising under contract, tort (including negligence), strict liability or otherwise, shall be the modification, adjustment, repair or replacement of the item of equipment, or component thereof. In no event shall Mongo be required to return or refund the purchase price of the defective equipment. Mongo Attachment’s liability shall not exceed the purchase price of the defective item. Any services, repairs or replacement parts performed by Mongo or given to Buyer under this warranty shall be credited against Mongo’s maximum liability. Warranty void outside of Canada and the United States.