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Limited Warranty
Exmark
r
Commercial Turf Equipment
Exmark Mfg. Co. Inc. and its affiliate, Exmark Warranty Company,
pursuant to an agreement between them, jointly warrant pursuant
to the terms and conditions herein, that we will repair, replace or
adjust any parts manufactured by Exmark and found by Exmark (in
the exercise of its reasonable discretion) to be defective in factory
material or workmanship.
This warranty is limited to one year from the date of original retail
purchase (90 days for rental use) for any Exmark mower that is
used for commercial or any other income producing purpose. The
blade spindle assemblies will be warranted for three years, one
year parts and labor with an additional two years parts only, from
date of original retail purchase against defects in materials or
workmanship. The hydrostatic traction drive system will be
warranted for two full years from date of original retail purchase
against defects in materials or workmanship—excluding hoses.
We will extend the Peerless 5-speed transmission manufacturer’s
warranty from 90 days to one year. Belts and tires are warranted for
90 days against defects in materials or workmanship.
The engine warranty is covered by its respective engine manufac-
turer. Please refer to the engine manufacturer’s warranty state-
ment that is included in the literature packet. We are not authorized
to handle warranty adjustments on engines. Engine warranties
should be referred to the nearest authorized service outlet of the
engine manufacturer.
This warranty extends only to the original retail purchaser of the
equipment. The warranty may not be assigned or transferred
without the prior express written consent of Exmark and Exmark
Warranty Company. The warranty commences upon the date of
original retail purchase.
The Exmark turf equipment, including any defective part, must be
returned to an authorized Exmark service dealer within the
warranty period. The warranty shall cover the cost to repair or
replace (as determined by us) the defective part, including labor.
The expense of delivering the mower to the dealer for warranty
work and the expense of returning it back to the owner after repair
or replacement will be paid for by the owner. Our responsibility in
respect to claims is limited to making the required repairs or
replacements. No claim of breach of warranty shall arise from
cancellation or rescission of the contract of sale of any Exmark
mower. Proof of purchase may be required by the dealer to
substantiate any warranty claim. All warranty work must be
performed by an authorized Exmark service dealer.
This warranty extends only to turf equipment operated under
normal conditions and properly serviced and maintained. The
warranty expressly does not cover (1) any defects, damage or
deterioration due to normal use, wear and tear, or exposure; (2)
normal maintenance services, such as oil change, cleaning,
lubrication, or adjustment; (3) replacement of service items, such
as oil, lubricants, spark plugs, belts, rubber hoses, or other items
subject to normal service replacement; (4) damage or defects
arising out of or relating to misuse, neglect, alteration, negligence,
or accident; (5) repair or replacement arising from operation of or
use of the turf equipment which is not in accordance with operating
instructions as specified in the operator’s manual or other
operational instructions provided by Exmark or Exmark Warranty
Company; (6) repair or replacement arising as a result of any
operation from turf equipment that has been altered or modified so
as to, in determination of Exmark, adversely affect the operation,
performance or durability of the equipment or that has altered,
modified or affected the turf equipment so as to change the
intended use of the product; (7) repair or replacement necessitated
by use of parts, accessories or supplies, including gasoline, oil, or
lubricants, incompatible with the turf equipment or other than as
recommended in the operator’s manual or other operational
instructions provided by Exmark; (8) repairs or replacements
resulting from parts or accessories which have adversely affected
the operation, performance, or durability of the turf equipment; or
(9) damage or defects due to or arising out of repair of turf
equipment by person or persons other than an authorized Exmark
service dealer or the installation of parts other than genuine
Exmark or Exmark recommended parts.
As a condition to this warranty, customer shall have read the
operator’s manual and shall have returned to Exmark Warranty
Company, within the prescribed time, the enclosed warranty
registration card.
The sole liability of Exmark and Exmark Warranty Company, with
respect to this warranty, shall be repair and replacement as set
forth herein. Neither Exmark nor Exmark Warranty Company shall
have liability for any other cost, loss, or damage, including, but not
limited to, any incidental or consequential loss or damage. In
particular, Exmark shall have no liability or responsibility for (1)
expenses relating to gasoline, oil, or lubricants; (2) loss, cost, or
expense relating to transportation or delivery of turf equipment
from the location of owner or location where used by owner to or
from any authorized Exmark service dealer; (3) travel time,
overtime, after hours time, or other extraordinary repair charges of
charge relating to repairs or replacements outside of normal
business hours at the place of business of the authorized Exmark
service dealer; (4) rental of like or similar replacement equipment
during the period of any warranty, repair, or replacement work; (5)
any telephone or telegram charges or travel charges; (6) loss or
damage to person or property other than that covered by the terms
of this warranty; (7) any claims for lost revenue, lost profit, or
additional cost as a result of a claim of breach of warranty; or (8)
attorney’s fees.
There are no representations or warranties to the buyer of the turf
equipment other than as set forth in this warranty. Any and all
statements or representations made by any seller of this equip-
ment, including those set forth in any sales literature or made orally
by any sales representative, are superseded by the terms of this
warranty. Any affirmation of fact or promise made by Exmark,
Exmark Warranty Company, or any of their representatives, to the
buyer, which relates to the goods that are the subject of this
warranty, shall not be deemed to create any express warranty that
such goods shall conform to the affirmation or promise.
THERE ARE NO OTHER UNDERSTANDINGS, AGREEMENTS,
REPRESENTATIONS, OR WARRANTIES, EXPRESS OR IM-
PLIED (INCLUDING BUT NOT LIMITED TO ANY REGARDING
THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE), NOT SPECIFIED HEREIN, RESPECTING THE
EQUIPMENT WHICH IS THE SUBJECT OF THIS WARRANTY.
This warranty applies to all Exmark turf equipment sold in the
United States and Canada and intended to be used for commercial
purposes.
Rev. 11/05/1999