Limited Warranty and Limitation of Liability for GKN Large Mining Wheels

advertisement
Limited Warranty and Limitation of Liability
for GKN Large Mining Wheels
(45” through 63” diameter products)
Subject to the terms and conditions hereinafter set forth, the GKN Land Systems entity delivering this
warranty ("GKN") warrants for the warranty period stated below that if the GKN Product described below
is or becomes unserviceable for the use for which it was manufactured and originally sold by GKN, by
reason of any defect in material or workmanship, under correct use, normal operating conditions and
proper applications, then the Warranty Recipient shall be entitled to the exclusive remedy below, for the
following warranty periods from the date of original shipment by GKN; This warranty applies to Wheels
sold by GKN Land Systems after July 1, 2015 which fall within the following categories:
Large Mining Warranty Policies
Standard Mining Products
Diameter
Product Type
Hours
Performance Mining Products
Time /
Months
Diameter
All Lock Rings
All Bead Seat Bands
45" - 57"
•
•
•
10,000
All Standard side flanges
Demountable Rim Assemblies
8,000
Wheel/Disc mount Assemblies
12,000
18
Product Type
Hours
All Lock Rings
10,000
All Bead Seat Bands
49" - 63"
All Standard side flanges
15,000
Demountable Rim Assemblies
12,000
Wheel/Disc mount Assemblies
20,000
Time /
Months
30
Warranty periods end at the earlier of expiration of the time in months or the hours in operation, whichever occurs first.
Performance level product includes seamless or forged ring components and Swift Change designs.
For 63” products extended warranties beyond the above are available on a site specific basis. Please contact GKN Wheels for
further details.
This warranty applies only to fully assembled wheels and demountable rim assemblies sold by GKN; it
does not apply to rim shell or other component parts not sold by GKN as part of a fully assembled wheel.
This warranty does not extend to products or parts which were (i) damaged or subjected to accident,
abuse, misuse or improper installation after shipment from our factory, (ii) damaged by excessive air
pressure or overloaded beyond the capacity of the product or part, (iii) damaged by use of an improper
tire, (iv) damaged because the equipment was operated outside of its recommended limits, (v) not
maintained in accordance with GKN manuals and service bulletins, or (vi) altered, modified or repaired by
anyone other than authorised GKN representatives; and (vi) this warranty does not extend to paint or
other surface finishes.
Disclaimers
This limited warranty is the only warranty extended by GKN in connection with any sale by GKN, and is
only for the benefit of the original purchaser from GKN (or their original retail purchaser) and does not
extend to successive buyers, users, third parties or employees. This warranty is in lieu of all other
warranties, express or implied, including warranties of merchantability or fitness for a particular purpose,
notwithstanding disclosure to GKN of the product's intended use. Any implied warranties to the extent
exclusion is permitted by law shall be limited to the term of the express warranty set forth herein. Any
description of the product is for the sole purpose of identifying them and shall not be deemed to create an
express warranty that the product shall conform to such description. Any sample or model is for illustrative
purposes only and shall not be deemed to create an express warranty that the product shall confirm to
the sample or model.
Exclusive remedy
GKN's obligation upon breach of warranty shall be limited to GKN replacing or repairing at our option, free
of charge, but not including installation, dismantling, reassembling or any other charge, the particular
product or part which inspection discloses to have been defective at time of shipment. Written notice of
such defect shall be given by the customer to GKN within ten (10) days after such defect(s) appear.
Inspection shall be at our plant, transportation costs prepaid by customer, unless otherwise agreed by
GKN. No product may be returned to GKN without prior return authorization, and the return package
must prominently bear a Returned Goods Authorization# provided by GKN, or the return may be refused
and returned by GKN. All returns must be accompanied with a complete written explanation of claimed
defects and the circumstances of operational failure. Replacement or repaired products or parts shall be
warranted under the terms of this warranty for the remainder of the term of the original warranty or of a
period of two (2) months after such repair or replacement, whichever is longer. Upon expiration of the
warranty, all of GKN's obligations hereunder shall terminate. In no event shall GKN have any liability for
payment of any consequential, incidental, or indirect damages of any kind or any loss of profits, to the
extent exclusion is permitted by law. This warranty states our entire and exclusive liability and buyers
exclusive remedy for any claim of damages in connection with the sale of GKN's products or parts, their
design, suitability for use, installations or operation, or for any claimed defect therein. Products not
manufactured by GKN are supplied subject only to the manufacturer's warranties, if any, and without
warranties, express or implied, by GKN.
As consideration for this warranty, the original customer and subsequent purchaser agree to indemnify
and hold GKN, harmless from and against all and any loss, liability, damages or expenses for injury to
persons or property, including without limitation, the original customer's and subsequent purchaser's
employees and property, due to their acts or omissions or the acts or omissions of their agents, and
employees in the installation, transportation, maintenance, use and operation of said equipment.
Download