WARRANTY INFO

Any Buyer who takes delivery of Equipment from AA is covered under this warranty. The warranty may be transferable with inspection and written approval of AA.

Used equipment manufactured by AA is sold without conditions or warranties, expressed or implied, and is considered “as is”, unless there is a clear agreement with the Buyer in writing to the contrary prior to the purchase. BUYER AGREES TO INSPECT ALL USED EQUIPMENT BEFORE THE PURCHASE IS COMPLETED AND TO ACCEPT SAME WITHOUT ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

This warranty is extended by AA in respect to Equipment sold by AA. AA warrants to the Buyer that Equipment will be free of defects in material and workmanship, as defined in this warranty, for a period of 2 years from the date of shipment to the Buyer or 2000 hours of operation, whichever occurs first. At the time of startup as a retail sale, rental, or lease a properly completed Warranty Registration Certificate must be submitted to AA to validate the warranty coverage. In the event that there is a delay or postponement in the commissioning of the Equipment by more than 60 days from the date of receipt of the Equipment, the warranty terms and conditions may not apply. An inspection performed by a representative of AA may be required to reinstate the warranty of the Buyer.

Details of the Warranty Coverage

Coverage is based on year(s) or engine hours, whichever occurs first.

• PARTS: 2 YEARS / 2,000 HOURS
• LABOR: 1 YEAR / 1,000 HOURS
• ENGINE AND TRANSMISSION: 2 YEARS / 2,000 HOURS
• RACK AND PINION: 5 YEARS / 10,000 HOURS

Components and all engines as installed on all Equipment are covered, but only:

• In accordance with the warranty offered by the manufacturer of the component or engine;
• For the periods set forth in the warranty offered by the manufacturer of the component or engine;
• When the component or engine is used in a normal and proper manner which was intended in the product’s design;
• When the component or engine is used in accordance with the maintenance schedules recommended by AA and/or the manufacturer of the component or engine.

Upon the expiration of the periods stated in the warranty offered by the manufacturer of the component or engine; all warranties, expressed or implied, are terminated. AA in no way creates any additional warranties, either expressed or implied, with respect to any component or engine provided by the manufacturer. The ultimate determination of whether a warranty exists lies in the sole discretion of the manufacturer of such component or engine and not with AA.

If a defect in workmanship or material is determined by AA or any manufacturer of the component or engine during the appropriate warranty period as stated in the limited warranty and in the warranty offered by the manufacturer of components or engines, AA will provide:

• New, manufactured or AA approved parts or components to correct the defect;
• Lubricating oil, filters, antifreeze and other service items deemed necessary by AA to the repair or replacement to correct the defect;
• AA will perform repairs and/or replace parts at an authorized service center or location approved by AA.

AA is not responsible for any repair, replacement or failure of Equipment caused by:

• The installation of any component, engine, part, supplies, or materials (whether original or not) which is deemed by AA, in its sole discretion, to be inconsistent with the Equipment’s design or improper installation;
• The attachment or installation of accessory items and parts not sold by, authorized by, or recommended by AA;
• Abuse, neglect, or improper repair to Equipment.
• The failure to conduct any maintenance required or recommended by AA or by the manufacturer of any component, engine, part, supplies, or materials.

AA is not responsible for any repair or replacement which is delayed in any way including:

• Delay by Buyer in notifying AA of the defect.
• Delay in making the Equipment available to AA after Buyer learns of the defect.
• Delay in the return to AA of a defective component.
• NOTE: Any component, Equipment or engine returned by the Buyer must be returned to AA no later than 30 calendar days from the date of failure of such component, equipment or engine. Failure on behalf of the Buyer to comply with this requirement can cause avoiding of warranty coverage. AA reserves the right to send a service representative, contact an authorized representative, or request that the Equipment is returned to the factory for product inspections. Any return of parts or equipment must have prior approval of a representative of American Augers and/or a Return Material Authorization number.

AA is not responsible for:

• The cost of transporting the Equipment, component or engine;
• Premium or overtime labor;
• Local taxes for repairs or replacements, labor, components, engines, materials or Equipment;
• Evaluating the suspected defect if no defect is found by AA to exist or to be covered by a warranty offered by the manufacturer of any component or engine;
• Labor or parts required that are incidental to the removal or remounting of components, engines, or equipment repaired or replaced.
• If tests are conducted to ascertain or demonstrate defects in material or workmanship, such tests shall be conducted after reasonable notice to AA and upon conditions mutually agreed upon in advance of the test. AA shall have the right to be present at any testing conducted by Buyer. AA at its option may charge the Buyer for any tests performed by AA at the request of the Buyer in respect to the merchandise sold hereunder.

AA is not responsible for the repair or replacement of consumables and wear items, including but not limited to the following:

• Downhole tools and accessories, pockets, teeth, conveyor belts, boom, wear plates, hardware and fasteners, any ground engaging or wear components, digging chains, digging plates, sprockets, segments, truck wheel components, arc plates, rock guards, and crumbshoe components, batteries, lamp bulbs, fuses, various types of gaskets and packing, filter elements, oils, lubricants, fluids, track chain, track drive sprockets, drill pipe, auger sections, die holders, wrench wear parts, guide bushings, shaft seals, mud swivel assemblies, spindles, valves, piston liners, centrifugal pumps, shaker screens, cones, belts, buckets, bearings, cam followers, die inserts, die holders, brakes, rollers, drilling bits, auger boring heads, adapters, couplers, crossover subs, backreamer and pullback swivels, and other normal wearing or aging parts.

OTHER LIMITATIONS: THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No representative, employee, or agent of AA has the authority to make or imply any representation, promise or agreement which in any way alters, amends, modifies or waives the terms of this warranty unless such representation is made in writing and signed by an officer of AA. AA reserves the right to modify, alter, and improve any Equipment without incurring any obligation to replace any Equipment previously sold with such modified, altered or improved Equipment. Any parts replaced under the terms of this warranty become the property of American Augers and upon written request, must be returned, transportation prepaid, to American Augers.

COMPENSATION: This warranty does not provide any compensation to Buyer or any other person or entity for loss of time, loss of use of Equipment, loss of profits, inconvenience, loss of productions, delay in construction, delay in project completion, labor costs (except as specifically stated elsewhere in this warranty), loss of life or limb, personal injury or property damage, or any other type of incidental or consequential damages. ALL DAMAGES ARE LIMITED TO REPAIRS AND REPLACEMENTS DESCRIBED IN THIS WARRANTY. However, in some states, this exclusion or limitation will not apply, so the reference should be made to the appropriate and applicable state laws. In such jurisdictions, the parties stipulate and agree that damages are liquidated and limited to the cost of repair and replacement necessary to cure any defect.

THIS WARRANTY ACCOMPANIES A POTENTIALLY DANGEROUS PRODUCT – Please read and make certain that you understand all safety warnings, operation, and maintenance requirements.

AA is not responsible for any damage or injury to person or property caused by the use of this Equipment:

• In a manner which is inconsistent with the Equipment’s intended design, purpose, or use;
• After the removal or alteration of the safety features of this Equipment or neglect of safety warnings and precautions;
• If the Buyer or any person fails to perform any maintenance as required or recommended by AA or the manufacturer of any component, engine, or Equipment which contributes to the cause of any damage or injury;
  By an untrained, unskilled, or impaired operator.

Buyer’s Covenants and Responsibilities

COST TO BUYER: If it is not a defect in workmanship or material as determined by AA or its authorized dealer to exist during the warranty period, and if any repair or replacement is undertaken by AA, Buyer shall, in consideration for this limited warranty, be responsible for the following:

• Any costs of transporting the Equipment, a component or engine, (except as specifically stated elsewhere in this warranty);
• Any premium or overtime labor costs;
• Any local taxes for repairs or replacements for labor, components, engines and Equipment;
• Any cost to evaluate the suspected defect if no defect is found by AA to exist or to be covered by a warranty;
• Any labor or parts required incidental to the removal or remounting of components or engines repaired or replaced; and,
• The invoice amount on any invoice issued with the shipment of Equipment, components or engines which were returned later than30 days from the date of failure of such Equipment, component or engine.

MAINTENANCE: Buyer shall be responsible for the performance and cost of all maintenance to the Equipment, components, and engines as directed by AA and/or the manufacturer of any component or engine. This warranty applies only if the alleged defective Equipment has been properly maintained and operated as specified by AA. This warranty will not apply if the alleged defect is attributable to an unauthorized modification or service repair made, a component part installed, improper Equipment storage, neglect or abuse of the Equipment on the behalf of the Buyer or its representatives, improper Equipment operation or use of the Equipment exceeding the design limitations or an attachment supplied by other than AA, its subsidiaries or the authorized representative of the foregoing.

TRAINING AND SAFE OPERATION: WARRANTY IS PROVIDED WITH THE UNDERSTANDING THAT ALL SAFETY WARNINGS AND INSTRUCTIONS WILL BE REVIEWED BY ALL PERSONNEL. THE BUYER SHALL BE RESPONSIBLE FOR PROVIDING APPROPRIATE TRAINING FOR OPERATORS OF ANY AA EQUIPMENT, AT BUYER’S SOLE COST. BUYER SHALL ENSURE THAT OPERATORS ARE AT ALL TIMES QUALIFIED TO OPERATE ANY AA EQUIPMENT AND THAT OPERATORS DO NOT SUFFER FROM ANY IMPAIRMENT WHICH WOULD PRECLUDE SAFE OPERATION OF THE AA EQUIPMENT. IN THE EVENT THAT THE BUYER NEEDS ADDITIONAL TRAINING OF OPERATORS, THEY SHALL IMMEDIATELY CONTACT AA CUSTOMER SERVICE TO SCHEDULE AND PAY FOR THE REQUIRED TRAINING.

NOTIFICATION: Buyer agrees to notify AA promptly of any suspected defect and to cooperate fully in AA’s evaluation to determine whether any defect exists as per the warranty terms and conditions.

WAIVER: BUYER WAIVES THE RIGHT TO SEEK DAMAGES FOR ANY INJURY, LOSS, DAMAGE OR CLAIM OF ANY KIND RESULTING OR ARISING FROM ANY DEFECT ONCE BUYER ACCEPTS THE REPAIR AND REPLACEMENT NECESSARY TO CURE SUCH DEFECT.