Warranty

1.1 General Warranty

1.1.1 The Seller warrants that the Equipment will perform in accordance with the performance requirements set forth in the specifications agreed upon by the Seller and the Buyer (as modified by any ECR or this agreement) and that the equipment has been designed and manufactured to conform to the specifications and when installed will comply with the performance requirements of the specifications. The Seller further warrants that the equipment will be merchantable, of good material and workmanship, free from defects and will be fit and sufficient for the purpose intended. The Buyer shall give the Seller prompt notice of all defects known to it, either orally to the Seller’s on site representative or by telephone to the Seller’s customer service representative. In addition, Buyer will tender its Defective Equipment Report to Seller confirming notice of such defects in accordance with the notice provisions of this agreement. Upon receipt of such notice, Seller shall promptly and without delay notify Buyer of its intentions and preferences to effect repair of the Equipment.

1.2 Warranty Period

1.2.1 Unless otherwise agreed by the Seller and the Buyer, the warranty period begins upon the date of the Buyer’s acceptance of the equipment under the terms of this agreement, and the warranty period expires at the sooner of 12 months from the date of acceptance or 2,000 hours of running use. During the warranty period, the Seller warrants the equipment covered by this proposal, to the original Buyer only, to be free from defects in material and workmanship and suitable for normal use and service. The Seller’s obligation under this warranty is limited to repairing or replacing any defective part. To come within the terms of this warranty, such part must be demonstrated to the Seller’s satisfaction to have been defective at the time of installation.

1.3 Defective Parts; Parts Replaced under Warranty

1.3.1 Repaired parts or replacement parts shall be shipped Ex-Works. The removal by the Buyer of parts returned to the Seller for repair or replacement shall be at the Buyer’s expense (unless authorized to do so by the Seller). Repairs, replacements, or adjustments to the equipment for which the Seller is responsible will be made promptly. The Seller assumes no liability for losses or damage arising out of delays caused by the repair or replacement of defective parts.

1.3.2 The Seller shall supply any defective components of the Equipment to Buyer’s facility for installation by the Buyer; provided, however, that if there should occur a major failure caused by a defect subject to warranty, then the Buyer will notify the Seller, and the Seller will provide additional support. If the Seller believes that the failure was not subject to its warranty, or those employees or subcontractors employed by Seller were not necessary to resolve the failure, then Seller and buyer shall meet to resolve the dispute. The Seller shall warrant replacement or repair parts against defects in manufacturing for one year from the date of sale or repair to Buyer.

1.4 Replacement Parts Outside of Warranty

1.4.1 Repair or replacement parts not required under the Seller’s warranty shall be shipped Ex-Works, to the Seller’s factory at the Buyer’s sole risk and expense. The removal by the Buyer of parts returned to the Seller for repair or replacement and the installation by the Buyer for replacement or repaired parts when not under warranty shall be at the Buyer’s expense, including without limitation for additional time required by the Seller’s straight time workload. The Seller assumes no liability for losses or damage arising out of delays caused by the repair or replacement of parts that are not covered by warranty.

1.5 Buyer’s Obligations; Equipment Modifications; Addition of Components; Improper Use

1.5.1 The Seller’s obligations under this warranty are conditioned upon the Buyer’s proper maintenance of the equipment. This warranty does not extend to any defect or any failure of any part to operate properly if such defect or failure is the result of negligence of maintenance, abuse, alteration, misuse, or normal wear. Any labor performed by the Seller during the warranty period because of negligence, abuse, alteration, misuse, or normal wear will be on a time and material basis.

1.5.2 The Buyer shall operate the equipment to the Seller’s instructions, following all specified operating and maintenance procedures, with all safety devices operating and guards in place. Equipment modifications, Software modifications, addition or removal of components, or improper operation by the Buyer’s personnel shall be at the Buyer’s own risk. The Buyer and/or its employees shall not hold the Seller liable for resulting equipment malfunction and/or injuries to the Buyer’s personnel. All guard and safety systems are approved by the Buyer as part of the acceptance of the equipment. After acceptance, the Buyer agrees to indemnify and hold harmless the Seller for any responsibilities or liabilities arising from improper use of the system by the Buyer’s employees. The Buyer shall notify the Seller within forty-eight (48) hours of any accidents or malfunctions involving the Seller’s equipment which result in personal injury or damage to the property and shall promptly cooperate fully with the Seller in determining the cause of subject accident or malfunction. The Buyer agrees to defend, indemnify, and hold the Seller harmless for any liability or obligation incurred by the Buyer or alleged against the Seller for personal injury directly or indirectly in connection with the operation of this equipment.

1.5.3 In the event that DT Engineering personnel need to virtually access the customer’s equipment to help resolve a warranty issue, the customer agrees to ensure the safety of their workers by keeping them at a safe distance from any moving parts of the equipment. Customer agrees to indemnify, defend and hold harmless DT Engineering against any claims arising from or relating to the work performed by DT Engineering personnel virtual access (including any third-party claims by any part injured during or after the virtual access).

1.6 Commercial Components

1.6.1 This warranty does not cover component parts incorporated in the equipment that were manufactured by the Buyer or an affiliated company or that the Buyer required the Seller to use. To the extent any parts manufactured by others are covered by another manufacturer’s transferable warranty, the Seller will assign such warranty to the Buyer.

1.7 Intellectual Property Warranty

1.7.1 The Seller warrants that none of the equipment, the Buyer’s intended use thereof, nor any of the applications, processes or designs employed in the manufacture or provision thereof to the Buyer under this Agreement infringes any patent, trademark, trade name, copyright or other intellectual property right of any third party or comprises any misappropriation or wrongful use of any trade secret or confidential information of any third party.

1.8 No Allowance

1.8.1 The Seller will make no allowance for work done by the Buyer under this warranty, unless previously authorized by the Seller in writing.

1.8 LIMITATION ON WARRANTIES FOR PRODUCTS AND SERVICES

1.9.1 THE FOREGOING WARRANTIES ARE EXCLUSIVE EXCEPT FOR WARRANTY OF TITLE. SELLER DISCLAIMS ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CORRECTION OF NONCONFORMITIES IN THE MANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE SHALL CONSTITUTE SELLER’S SOLE LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR FAILURE OF SELLER TO MEET ITS WARRANTY OBLIGATIONS, WHETHER CLAIMS OF THE BUYER ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE.

This document is property of DT Engineering, 1107 Springfield Rd., Lebanon MO 65536
DT Engineering Warranty_RevG 5-5-2023