World's leading manufacturer and supplier of horizontal loading- and unloading systems

Limited warranty Cargo Floor USA Inc. 

1.               INSTALLATION, PAYMENT AND MAINTENANCE REQUIREMENTS

This Limited Warranty applies only if:

(1)         The Product is used properly and is operated in accordance with SELLER’s manuals or instructions, including manufacturer’s assembly instructions, as furnished to BUYER at the time of purchase and which can be updated from time to time to include improvements to the Product;

(2)         BUYER is the first end user of the Product;

(3)         BUYER timely completes and submits to SELLER any required warranty registration card and/or warranty documentation supplied with the Product; and

(3)         BUYER complies with all other sections of this Limited Warranty.

2.               PROCEDURE FOR OBTAINING WARRANTY SERVICE

The procedure described in this Section 2 shall hereinafter be referred to as the “Warranty Claim Procedures”. For the Limited Warranty to apply, BUYER shall provide SELLER with the warranty registration card and completely fill out and deliver to SELLER a warranty claim fully describing the alleged defects or failures of the Product and original proof of purchase within the Warranty Periods (defined in Section 4) and within fourteen (14) calendar days of the date BUYER discovered the alleged defect. Notwithstanding the foregoing, in the event that SELLER determines, in its sole discretion, that BUYER reasonably should have discovered the alleged defect before its actual discovery, this Limited Warranty shall not apply.

In order to determine whether the Limited Warranty should apply, BUYER shall provide any information to SELLER, including photographs where applicable, via telephone (630-720-7425), email (info@cargofloorUSA.com) or any other appropriate means of communication. In the event the defect is covered by the Limited Warranty, SELLER may, at its sole option, require that the defective Product be shipped to the address provided by SELLER, which may be to SELLER facility in North America/South America or Europe. BUYER shall first obtain from SELLER a “return number”. The following information is required to help ensure the Product is returned as quickly as possible: (a) company name, (b) contact person, (c) address, (d) telephone number, (e) Product number, (f) quantity, (g) reason for return, and (h) customer account number. BUYER shall pay all expenses associated with returning the Product to SELLER, including, without limitation, the costs of shipment, import taxes, duties and tariffs if applicable, as well as assembly and disassembly costs. Risk shall be borne by BUYER when returning the defective Product. If SELLER determines that the returned Product is covered by the Limited Warranty, SELLER agrees to pay all of the foregoing and all expenses for returning the Product to BUYER.

3.               WARRANTY SERVICES PROVIDED

If the Product is proved to SELLER’s satisfaction to be defective, within the Warranty Periods (defined in Section 4), SELLER’s obligations under this Limited Warranty shall be limited, at SELLER’s sole discretion, to: (a) replacing the Product, in whole or in part, or (b) repairing the Product, in whole or in part, all of the above only if such defect was caused solely by defective design, workmanship and/or materials. For any repair or replacement, including any related services to be performed by SELLER, SELLER shall determine the method and timing of performance, as well as the location where such repair or replacement will be carried out, with BUYER’s full cooperation. If the agreed performance also includes the processing of materials provided by BUYER, BUYER shall supply new materials at its own expense and risk. In addition, all travel expenses, accommodation costs, and travel time shall be borne by BUYER. SELLER is entitled to require security or advance payment for these costs.

 

Such replacement, repair or reimbursement shall be SELLER’s sole obligation and BUYER’s exclusive remedy hereunder, and shall be conditioned upon BUYER’s fulfilling its obligations under SELLER’s Warranty Claim Procedures.

4.               WARRANTY PERIODS

Limited Warranty of the Product shall apply for the following warranty periods (the “Warranty Periods”):

  1. two (2) years from the date of sale to BUYER for all hydraulic parts and hydraulic components of the Product;
  2. one (1) year from the date of sale to BUYER for all non-hydraulic components of the Product, including without limitation electrical components, drive frame, cross drives, floor shoes, and flooring.

The Warranty Periods shall not be tolled for any reason. No action by SELLER or BUYER shall operate to extend or revive this Limited Warranty without the prior written consent of SELLER.

5.               EXCLUSIONS FROM WARRANTY

The following is not included under this Limited Warranty:

  1. Scratches, dents, marks or other visible surface wear on the Product that do not affect the functionality of the Product;
  1. Normal wear and tear from normal use and service, routine maintenance, service-related work, and heat-related damage. For purposes of this Limited Warranty, “normal use and service” means without limitation the loading and/or unloading of evenly distributed, properly restrained, and secured non-corrosive materials on well-maintained public roads and under gross vehicle weights that do not exceed the factory-rated capacity of the Product. With respect to stationary installations, “normal use and service” means the conveying of evenly distributed non-corrosive materials with weights that do not exceed the factory-rated capacity of the Product;
  1. Wear parts, including without limitation filter elements and components considered normal wear items;
  1. Misuse, abuse or improper use, including without limitation overloading, transporting loads exceeding legal limits, or use inconsistent with SELLER’s manuals or instructions, including use of the drive system for purposes not recommended by SELLER;
  1. Physical damage to the Product as a result of tampering, mishandling, neglect, modification, disassembly, or repair without the approval of SELLER, unreasonable use and/or negligence whether foreseeable by SELLER or not, including failures caused by incorrect repairs or repairs performed by third-parties;
  1. Items, equipment, goods, products, components, and parts not sold by SELLER, including failure or issues caused by such items, equipment, goods, products, components, and parts;
  1. Products that were not new at the time of delivery;
  1. Products that are already covered under a manufacturer’s warranty;
  1. Products for which a warranty has been granted to BUYER by a third-party;
  1. Damage to Products caused by the carrier during shipping;
  1. Damage to Products caused during installation by any installer other than SELLER or the trailer builder, including damage or failures resulting from improper installation of the drive system or from a wet kit that does not comply with the recommendations set forth in SELLER’s manuals or instructions;
  1. Deterioration resulting from age, storage, weathering, lack of use, corrosive materials, contaminated oil, incorrect oil type, or overheated oil exceeding a maximum temperature of 212 °F (100°C), including damage to hydraulic components caused by excessive heat, faulty hydraulic pumps on the truck or hydraulic wet kit, use of an end dump or dump truck wet kit, or heat damage resulting from the ball valve not being fully opened and closed;
  1. Continued Product use after an alleged defect is discovered or should reasonably have been discovered;
  1. Defects or failures in electrical components resulting from improper connections and/or incorrect voltage levels;.and
  1. Damage to Product caused by fire, storm or other acts of God.

For the avoidance of doubt, this Limited Warranty is not a service agreement. Avoiding excessive heat in the hydraulic system is critical to ensuring the Product’s service life. Faulty pumps, improper wet kits, hydraulic restrictions, or other conditions generating excessive heat may damage the hydraulic system, and any damage caused by excessive heat shall void this Limited Warranty.

SELLER expressly reserves the right to inspect the Product and its components, parts, and any installation, use, maintenance, or other activity or inactivity, when determining whether an alleged Product defect is covered by the Limited Warranty.

6.               LIMITATIONS ON WARRANTY; DISCLAIMER OF WARRANTIES

This Limited Warranty is provided by SELLER, and it contains the only express warranty provided to BUYER by SELLER. SELLER does not authorize any other person, including distributors, to give any other warranties on SELLER's behalf.

Seller disclaims any express warranty not provided herein and any implied warranty, guaranty or representation as to performance, quality and absence of hidden defects, and any remedy for breach of warranty or contract, which but for this provision, might arise by implication, operation of law, custom of trade or course of dealing, including implied warranties of merchantability and fitness for a particular purpose.

Implied warranties in jurisdictions where they may not be disclaimed shall be in effect only for the duration of the express warranty set forth herein.

If BUYER has a claim under this Limited Warranty or under any implied warranties provided to BUYER by state law, BUYER may not file a court action based on that claim any later than one (1) year after BUYER’s right to file a court action accrues. In those states which do not allow this limitation on the time period for filing a court action, this provision is inapplicable.

7.               SELLER’S LIMITATION OF LIABILITY

SELLER’s liability with respect to the Product sold to BUYER shall be limited to the warranty provided herein. Seller shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or other theories of law, with respect to products sold or services rendered by seller, or any undertaking, acts or omissions relating thereto.

Without limiting the foregoing, seller specifically disclaims any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, services, down time, shut down or slow down costs, or for any other types of economic loss, and for claims of buyer’s customers or any third party for any such damages. Seller shall not be liable for and disclaims all consequential, incidental and contingent damages whatsoever.

SELLER’s total liability arising in connection with the product shall be limited to the amount paid by seller’s insurance, or, if such amount is not covered by insurance, to a maximum of fifteen percent (15%) of the order price (excluding any applicable taxes). If the contract consists of parts or partial deliveries, this limitation shall apply to a maximum of fifteen percent (15%) (excluding all applicable taxes) of the order price of the part or partial delivery in connection with which seller’s liability has arisen. If the contract concerns continuing performance obligations, seller’s liability for damages shall be limited to a maximum of fifteen percent (15%) (excluding all applicable taxes) of the contract price payable during the twelve (12) month period preceding the event giving rise to the damage.

SELLER’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising in connection with the performance or contemplated performance of the contract between SELLER and BUYER shall be limited to the amount paid by Seller’s insurance, or, if such amount is not covered by insurance, to a maximum of fifteen percent (15%) of the order price (excluding any applicable taxes). If the contract consists of parts or partial deliveries, this limitation shall apply to a maximum of fifteen percent (15%) (excluding all applicable taxes) of the order price of the part or partial delivery in connection with which Seller’s liability has arisen. If the contract concerns continuing performance obligations, Seller’s liability for damages shall be limited to a maximum of fifteen percent (15%) (excluding all applicable taxes) of the contract price payable during the twelve (12) month period preceding the event giving rise to the damage.

8.               GOVERNING LAW; JURISDICTION

This Limited Warranty is governed by the laws of the State of Illinois in the United States of America, without reference to conflict of laws principles. In the event of a dispute arising from or relating to this Limited Warranty, which is not resolved by negotiation between the parties, the parties hereby agree to personal exclusive jurisdiction in the state and federal courts located in Chicago, Illinois.

9.               SEVERABILITY

If any provision of this Limited Warranty is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Limited Warranty shall remain in full force and effect.

10.            MISCELLANEOUS

Any description of the Product, whether in writing or made orally by SELLER or SELLER’s agents, specifications, samples, models, bulletins, drawings, diagrams or similar materials used in connection with BUYER’s order, are for the sole purpose of identifying the Product and shall not be construed as an express warranty. Any suggestions by SELLER or SELLER’s agents regarding use, application, or suitability of the Product shall not be construed as an express warranty unless confirmed in writing by SELLER to be such.