For the benefit of the original user, Holey-Moley Digger (the company), warrants all new equipment manufactured by the company, to be free from defect in material and workmanship; and will repair, f.o.b. at its factory or other location designated by it, any part or parts returned to it which the company’s examination shall show has failed under normal use and service by the original user within one year following the initial shipment date to the purchaser. Such repair or replacement shall be free of charge for all items except for those items that are * consumable and normally replaced during maintenance. The company’s obligation under this warranty is conditioned upon its receiving a written prompt notice of claimed defects which in no event shall be later than thirty (30) days from the date of the claimed equipment failure. All claims must include a copy of original invoice or proof of purchase. All freight cost incurred in shipping parts to the company shall be at the expense of the customer. This offer to repair or replace non-conforming equipment with the warranty period does not include defects caused by shipping damages, damages caused by improper use or installation or by the buyer’s attempts to use products beyond their mechanical capacity. The company will not accept any liability for claims for labor, loss of profit, repairs, or other expenses incidental to replacement. All products not manufactured by the company carry the original manufacturers warranty, copies of which are available on request and Holey-Moley Digger makes no warranty or representation, express of implied as to products not manufactured by the company. This limited warranty is expressly made by the company in lieu of all other warranties whether written, oral, express, implied or statutory. This limited warranty may not be verbally changed or modified by any representative of the company.
Force Majure: Seller does not assume the risk of and shall not be liable for delay or failure to perform any of seller’s obligations by reason of circumstances beyond the reasonable control of seller (hereafter “events of Force Majure”). Events of Force Majure shall include without limitation, accidents, acts of god, strikes of labor disputes, acts, laws, rules or regulations of any government or governmental agency, fires, floods, delays or failures in delivery of carriers or suppliers, shortages of material and any other cause beyond this warranty is void if signs of abuse or neglect are apparent in examination. Periodic inspection and normal maintenance procedures, as outlined in the operation manual, is the best guarantee that your equipment will provide you with many years of trouble-free service.
(*Consumable items) a consumable item may be determined at the option of the manufacturer to be a component that may have suffered damage from abnormal chemical decomposition or extremely abrasive material.)
It is imperative for all owners and operators to carefully read and understand all operating instructions before attempting to operate this digger. If this is not accomplished, misuse may occur and could result the invalidation of this warranty!