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12.0 Warranty
LIMITED WARRANTY, LIMITATION OF LIABILITY & CLAIMS
Bayer CropScience warrants that the Gustafson application equipment shipped hereunder shall be free of defects in materials or work-
manship for a period of one (1) year from the date of delivery. BAYER CROPSCIENCE MAKES NO OTHER WARRANTY, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OR MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER
EXPRESSED OR IMPLIED. IN NO EVENT SHALL BAYER CROPSCIENCE BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES REGARDLESS OF WHETHER ARISING IN CONTRACT, STRICT LIABILITY,
OTHER TORT OR OTHERWISE. THE EXCLUSIVE REMEDY OF CUSTOMER FOR ANY AND ALL LOSSES, INJURIES OR DAMAGES
RESULTING FROM THE SALE, USE OR HANDLING OF THE GUSTAFSON APPLICATION EQUIPMENT WHETHER IN CONTRACT,
WARRANTY TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID, OR
AT BAYER CROPSCIENCE’S SOLE ELECTION, THE REPAIR OR REPLACEMENT OF APPLICATION EQUIPMENT.
No shipment of Gustafson application equipment, or any portion thereof, is returnable by customer, unless such shipment or portion
thereof is defective in one or more of its components. In the event that customer believes that the Gustafson application equipment
is defective, written notice must be provided to Bayer CropScience by customer within one (1) year after the date of delivery of the
equipment. Failure to provide such notice shall constitute customer’s irrevocable acceptance of the Gustafson application equipment
and waiver of any claims for errors, deciencies, or imperfections therein. Any attempt to return a shipment of Gustafson application
equipment, or portion thereof, for any other reason after the expiration of the time period set forth herein shall be an ineffective rejec-
tion of such Gustafson application equipment, and customer shall be invoiced by Bayer CropScience and shall pay the invoice in full,
including any storage, freight, or other costs for returned Gustafson application equipment or any portion thereof.
Upon notice to Bayer CropScience that the application equipment is defective, Bayer CropScience shall have the right to send a rep-
resentative to customer’s facility, or inspect the equipment after having received it from customer. If Bayer CropScience determines
that any Gustafson application equipment is defective, Bayer CropScience shall replace such application equipment at its expense.
If Bayer CropScience disagrees with customer’s conclusion that the Gustafson application equipment is in any way defective, or if the
defect or damage was caused, directly or indirectly, by customer’s action or inaction, customer shall be charged for all costs associated
with sending the equipment or replacement parts to customer.
Notwithstanding the foregoing, the limited warranty contained herein does not apply to the following:
Maintenance - This includes, but is not limited to, such things as cleaning, ushing systems, corrosion prevention, mechanical or
electrical adjustments, or repairs which become necessary through normal wear and tear; or periodic maintenance such as lubrication
and gear or variable speed oil changes.
Service and wear items - This includes, but is not limited to, the replacement of belts, drive chains, sprockets, fasteners, bulbs, fuses,
ball bearings, bushings and other electrical or mechanical components that have a useful life based on how much these components
are used.
Lack of service - This includes, but is not limited to, damage attributable to failure to perform maintenance in services in accordance
with the manufacturer of the component.
Damage - This includes, but is not limited to, damage resulting from negligence, improper installation, the installation process, improper
or incorrect wiring, corrosion, construction welding, or freight damage.
Controls - Systems without Bayer CropScience supplied control packages or systems using other controls are not covered under the
terms of this warranty.
TRAINING, CALIBRATION ASSISTANCE AND SERVICE CALLS
Bayer CropScience trained employees may assist in the training and calibration of equipment - Due to factors such as temperature
variations, seed ow changes, improper mixing procedures and other factors that are out of Bayer CropScience’s control, Bayer Crop-
Science does not accept responsibility for the calibration of the system. Electronic controlled seed and chemical proportioning systems
- Ineld training and calibration assistance of up to 15 hours or 1 trip to the purchaser’s location is included in the price of qualied
electronic controlled seed and chemical proportioning system. Additional hours will be billed to the purchaser at $60 per hour plus
travel expenses for units in the continental United States. Electronic controlled seed and chemical proportioning systems purchased
outside of the continental United States $60.00 per hour portal to portal will be billed to the purchaser. Service calls for non-warranty
items will be charged at $60.00 per hour portal to portal plus expenses. All other standard application equipment - Service calls for
non-warranty items will be charged at $60.00 per hour port to port.