CRAM-A-LOT® Warranty Policy

TERM

Unless terminated as hereinafter provide, this warranty shall continue in full force for a period of three years, and shall govern all transactions between the parties hereto following the completion of installation of the product at the end user's facility, and evidenced by a signed and dated installation report and warranty registration returned to J.V. Manufacturing, Inc. If no registration card is remitted or the installation is not provided by the factory, the warranty period shall be considered to start on the date of shipment.
As limited herein, the CRAM-A-LOT® products (the "goods") you have purchased are warranted by J.V. Manufacturing, Inc. ("seller") through the specified period to be free of defects in material and workmanship. This warranty does not apply to any damage caused by negligence, misuse, modifications, alterations, or accidents by purchaser or third parties.

Owning CRAM-A-LOT® quality is as easy as 1-2-3! J.V. Manufacturing, Inc will furnish without charge:
1) All parts and labor expenses through the first year of ownership to remedy any faults proven to be the result of defective materials or workmanship.
2) All parts through the second year of ownership to remedy any faults proven to be the result of defective materials or workmanship.
3) All labor expenses through the third year of ownership to remedy any structural faults proven to be the result of defective materials or workmanship.

LIMITED WARRANTY

Seller's liability under warranty shall be limited to the repair and replacement of parts and the necessary labor and services required to repair the goods and shall be in lieu of any other remedy available under applicable law and shall not to exceed the purchase price of the goods. IT IS EXPRESSLY AGREED THAT THIS WARRANTY WILL BE IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED, OF FITNESS AND IN LIEU OF THE WARRANTY OF MERCHANTABILITY, AND ALL SUCH OTHER WARRANTIES ARE HEREBY REVOKED AND DISCLAIMED. WARRANTY "VOID" UPON NON-PAYMENT.

• Seller neither assumes nor authorizes any representative or person to assume for seller any other liability in connection with the sale or shipment of our products.
• Seller reserves the right to make changes or improvements in our products without notice and without incurring any obligation to prospective customers.
• Seller reserves the right to make changes or improvements in our products without incurring any obligation to similarly alter products previously purchased.
• Except in the case of damages or defect attributable to the Seller, Buyer shall not make any claim against Seller for any damaged or defective product or part.
• If Seller breaches or repudiates this contract, Buyer shall not be entitled to recover any incidental damages as that term is defined in the Uniform Commercial Code.
• If Seller breaches or repudiates this contract, Buyer shall not be entitled to any consequential damages as defined in the Uniform Commercial Code.
• Seller does not warrant that any product purchased shall conform to: (1). any affirmation of fact or promise relating to it, or (2). any description of it. No affirmation, promise, or description relating to any product purchased shall be deemed part of the basis of the parties bargain.
• No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation, or warranty concerning the goods sold under this contract, and unless an affirmation, representation, or warranty made by agent, employee, or representative is specifically included within this contract, it will not be enforceable by Buyer.

ITEMS NOT COVERED

Seller waives the standard warranty on the following components and systems: Downstroke Baler bale ejection system - to include dump rods, dump handles, dump trays and associated components; Sonozaire hoses and fittings; Broken or lost machine keys; Broken or bent limit switch arms; All fuses and thermal / voltage / current limiting devices; Guide islands, wheel-stops, and anchor bolts; Container nose rollers.

RETURN OF PRODUCTS OR SERVICE PARTS FOR REPAIR OR CREDIT

Unless Seller shall have authorized or permitted the return of any products or parts, in writing, or by phone with Return Material Authorization (RMA) Number assigned by J.V. Manufacturing, Inc. to the specified product or parts, seller shall not be obligated to accept from Buyer any products or parts returned, nor to make any exchange thereof, nor to credit Buyer therefor.

NOTICE OF CLAIMS

A. Buyer must notify Seller immediately by e-mail, phone, writing, or fax, of any defect, malfunction, or nonconformity after he or she knows or has reason to know the basis of any claim, and in no event more than ten days thereafter. Within 24 hours after receiving notice from the buyer, Seller will authorize repair or replacement of the defective part. (1) J.V. Manufacturing, Inc., at its sole discretion, will have the option to make repairs or authorize a distributor or third party to make repairs. (2) All claims for repairs must be accompanied with a Warranty Job Order Number. Failure to obtain a Job Order Number will relieve Seller from all liability.
B. Failure to give the notice prescribed by Subsection shall relieve the seller from all liability on any claim in respect to any transaction growing out of this warranty.
C. The provisions of this shall survive the termination of any other portions of this warranty.

COMMON CARRIERS AGENTS OF DISTRIBUTOR

Whenever Seller shall deliver or cause to be delivered to a common carrier any goods ordered by Buyer, whether the particular carrier shall have been designated in the shipping or routing instructions of the Buyer or not, Seller shall not be responsible for any delays or damages in shipment and the common carrier, to which Seller shall deliver goods shipped to the Buyer, is declared to be the agent of the Buyer.

COMPLETENESS OF INSTRUMENT

This instrument contains all of the agreements, understandings, representations, conditions, warranties, and covenants made between parties hereto. Unless set forth herein, neither party shall be liable for any representations made, and all modifications and amendments hereto must be in writing.

NO IMPLIED WAIVERS

The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the full right to require such performance at any time thereafter. Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

CONTROLLING LAW

The validity, interpretation, and performance of this warranty shall be controlled by and construed under the laws of the State of Arkansas, the state in which this warranty is being executed. It is understood, however, that this is a general form of warranty, designed for use in the United States wherever the Seller may desire to sell its products and that any provision herein which in any way contravenes the laws of any state or jurisdiction shall be deemed not to be a part of this warranty therein.

BUYER NOT AN AGENT

This warranty does not constitute the Buyer as the agent or legal representative of the Company, or the Company as the agent or legal representative of the Buyer for any purpose whatsoever. Neither party is granted any express or implied right or authority by the other party to assume or create any obligation or responsibility on behalf of or in the name of the other party, or to bind the other party in any manner or thing whatsoever.

FINALITY OF THIS WRITING

The parties intend this document to be the final expression of their agreement and it is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this document. Acceptance or acquiescence in a course of performance rendered under this document shall not be relevant to determine the meaning of this contract even when the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection.

OPTIONAL EXTENDED WARRANTY

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