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Double-diamond limited warranty, A. limited warranties, B. limited warranty service – Modern AG 10' Predator User Manual

Page 75: C. not covered by warranty, E. miscellaneous

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10' Predatorrr - 75

for new Modern Manufacturing

Galvanized predatorrr series Rotary cutter

A. Limited warranties

modern manufacturing warrants any new modern manufacturing implement, purchased from an authorized modern manufacturing dealer, to

the original non-commercial, state or municipal purchaser ("Purchaser") for a period not to exceed one (1) year from original purchase date, to

be free from defects in material and workmanship.

Further, the modern manufacturing Galvanized Super Sunshine ("Cutter") rotary cutter will be covered by the Double-Diamond Limited

Warranty. this warranty provides a three (3) year limited gearbox warranty and a three (3) year limited "deck rust thru" warranty. painted cutters

are covered with a three(3) year limited gearbox warranty only. under these warranties, modern manufacturing's obligation to the original

purchaser is limited to the repair or replacement of any parts found to be defective in material or workmanship under normal use and service

during the applicable warranty term. Warranty services must be performed by a dealer or service center authorized by modern manufacturing

using only new or remanufactured parts or components furnished by modern manufacturing. modern manufacturing reserves the right to

inspect any and all parts which are claimed to have been defective in material and workmanship. modern manufacturing makes no warranty as

to the design, capability, capacity or suitability for the use of the implement.

B. Limited warranty service

to receive warranty service, the Purchaser must return the Registration and Warranty Card to modern manufacturing within 30 days of original

purchase. Purchaser must report claim, in writing, to the authorized modern manufacturing dealer from whom the Purchaser purchased the

implement originally or an approved modern manufacturing dealer within 30 days after the Purchaser discovers the circumstance for the basis

of the claim. the purchaser (“at his expense”) will be responsible for any service call and/or the return to and from the dealer’s or service cen-

ter’s place of business. after examination of claim, if modern manufacturing finds the part(s) or workmanship to be defective, modern

manufacturing will repair or replace defective goods or part(s) or reimburse Purchaser for the cost of the part(s) and reasonable labor charges.

the choice will be solely decided by modern manufacturing.

c. not covered By warranty

the limited warranty does not cover any goods or part(s) that have been subjected to improper or abnormal use, fire, negligence, abuse,

alteration, modification, accident, lack of or improper maintenance, use of wrong oil or lubricants. this limited warranty does not apply to

expendable items such as blades, shields, guards, pneumatic tires or any normal maintenance parts or service.

the Double-Diamond Limited Gearbox Warranty does not cover wear items such as teeth, chains, sprockets, belts, springs, gearbox lubricant,

hydraulic fluid or any other items that in the company’s sole judgement is a wear item.

the Double-Diamond Limited “deck rust thru” Warranty does not cover surface rust caused by loss of galvanizing due to external forces such

as scrapes, dents, extreme friction and/or wear, deformity due to accidents or abuse.

except as provided herein, no employee, agent, Dealer, or other person is authorized to give any warranties of any nature on behalf of

Modern Manufacturing.

D. Disclaimer of Implied warranties & consequential Damages

to the extent permitted by law, neither modern manufacturing or any other company affiliated with it makes any warranties, representations

or promises as to the quality, performance or freedom from defect of the implements covered by this warranty. tHIS InCLuDeS ImPLIeD

WaRRantIeS OF meRCHantaBILItY anD FItneSS FOR a PaRtICuLaR PuRPOSe. tO tHe extent aPPLICaBLe, SHaLL Be LImIteD In

DuRatIOn tO tHe aPPLICaBLe PeRIOD OF WaRRantY Set FORtH On tHIS PaGe. tHe PuRCHaSeR’ S OnLY RemeDIeS In COnneCtIOn

WItH tHe BReaCH OR PeRFORmanCe OF anY WaRRantY On tHe mODeRn manuFaCtuRInG ImPLementS aRe tHOSe Set FORtH On

tHIS PaGe. In nO eVent WILL mODeRn manuFaCtuRInG, tHe DeaLeR OR anY COmPanY aFFILIateD WItH mODeRn manuFaCtuRInG

Be LIaBLe FOR InCIDentaL OR COnSeQuentIaL DamaGeS. Such incidental and consequential damages shall include but not be limited to:

transportation charges other than normal freight charges; cost of installation other than cost approved by modern manufacturing ; duty;

taxes; charges for normal service or loss of crops or any other loss of income; rental of substitute equipment, expenses due to loss, damage,

detention or delay in the delivery of equipment or parts resulting from acts beyond modern manufacturing’s control.

e. Miscellaneous

Proper venue for any lawsuits arising from or related to this limited warranty shall be only in Jefferson County, texas.

applicable law may provide rights and benefits to the Purchaser in addition to those provided herein.

If any provision of this limited warranty shall violate any applicable law and is held to be unenforceable, then the invalidity of such provision

shall not invalidate any other provisions herein.

modern manufacturing may waive compliance with any of the terms of this limited warranty, but no waiver of any terms shall be deemed to

be a waiver of any other term. mail warranty to: modern ag Products, attn: Cutter Warranty, PO Box 790, Beaumont, texas 77701

MODEL____________________________________

SERIAL #____________________________________

DeaLeR____________________________________ Date DeLIVeReD_____________________

DouBLe-DIAMonD LIMITeD wARRAnTy