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NEW EQUIPMENT WARRANTY
<br /> Dredging Supply Co.,Inc.("DSC")warrants that it will convey good title to the equipment,free of all
<br /> �• -.*._:. .:r,�. security interests therein except as may be agreed between the purchaser and DSC,and for a period of
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<br /> ` ��' ' one(1)year from the date of delivery of new equipment that the equipment is free from defects in
<br /> workmanship and materials under normal use,subject to the following provisions:
<br /> The purchaser shall notify DSC in writing within ten(]0)days of the purchaser's first knowledge of
<br /> any facts which may lead to any warranty claim. DSC shall not have any further responsibility if this
<br /> notice to DSC is not given.
<br /> Dred in DSC provides no warranty for any part which may be damaged or rendered inoperative or less efficient
<br /> due to lack of maintenance by the purchaser. Any warranty of DSC shall be voided if the purchaser has
<br /> Supp y altered,misused,neglected,overloaded,improperly operated or in any way subjected the equipment to
<br /> mistreatment outside of its expected operating range.
<br /> Company, I/��:. DSC does not warrant any component part of the equipment manufactured by any other party. DSC
<br /> "The World's Leader in will provide to the purchaser any warranty or other material,manuals and/or specifications provided to
<br /> Portable Dredges" DSC by such manufacturer.THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER FOR
<br /> ANY FAILURE,DEFECT OR OTHER CLAIMS RELATIVE TO SUCH COMPONENTS SHALL
<br /> BE TO PURSUE ANY WARRANTY OR OTHER CLAIM DIRECTLY AGAINST THE
<br /> COMPONENT MANUFACTURER AND NOT DSC.
<br /> Should it become necessary to replace any removable part manufactured by DSC,the purchaser must
<br /> � �;:.: `"= 'A � return the part,transportation pre-paid to DSC. If the part is warranted by DSC,DSC will replace the
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<br /> ;� :' ',��,�°';a�,.r;=z,�; part f.o.b.DSC's facility,and reimburse to the purchaser the cost of the transportation to DSC. DSC
<br /> shall have no obligation to repair or replace any part at the site of the equipment. Should damaged,
<br /> defective or inoperable part not be removable,at the purchaser's pre-paid expense,DSC will send a
<br /> representative to the equipment site to inspect the part. If the part is covered by the DSC warranty,
<br /> DSC will replace it f.o.b.DSC's facility. DSC does not warrant any labor or travel cost for removal or
<br /> installation of any part.
<br /> THE PURCHASER WAIVES ANY CLAIMS OF REDHIBITION AND ACKNOWLEDGES THAT
<br /> THE SOLE WARRANTY RESPONSIBILITY OF DSC SHALL BE AS SET OUT HEREIN. DSC
<br /> makes no warranty whatsoever of the fitness of the equipment for any particular purpose except as may
<br /> be set out in the specifications of the equipment as provided in writing by DSC. DSC makes no
<br /> warranty,express or implied,except as is set out herein and no officer,employee or agent of DSC or
<br /> any other party has authority to promise,extend,or warrant other than as set out herein or as may be
<br /> expressly agreed to by DSC in writing signed by the President of DSC. Under no circumstances
<br /> whatsoever, does DSC warranty or will be responsible of any claim of lost profits, downtime,
<br /> consequential damages, punitive damages or attorney fees arising out of the operation or non-
<br /> operation of the equipment.
<br /> Delivery shall be defined for purposes of this warranty to mean delivery by DSC, f.o.b. at DSC's
<br /> facility unless agreed otherwise in writing by the purchaser and DSC. However,should the equipment
<br /> by agreement be delivered before it is operable,then the wananty shall run from the first day after
<br /> physical delivery that the equipment becomes available for operation. Should any provision of this
<br /> warranty be found to be invalid for any reason, it shall not void this limited warranty but all other
<br /> provisions hereof shall be deemed to be in effect.
<br /> Should the purchaser sell the equipment during the term of this warranty, the purchaser shall be
<br /> responsible to provide a copy of this warranty to the new purchaser.
<br /> ' •' "�- � The sole and exclusive jurisdiction and venue for any claim arising out of the sale of the equipment,
<br /> - - - including any warranty claim against DSC, shall be the courts of the Parish of Jefferson, State of
<br /> ��:, Louisiana. This warranty shall be governed by the laws of the State of Louisiana.
<br /> THIS IS ABSOLUTELY THE SOLE AND EXCLUSIVE WARRANTY OF DSC RELATIVE TO
<br /> - -. . - ANY NEW EQUIPMENT SOLD BY DSC AND PROVIDES THE SOLE RESPONSIBILITY OF
<br /> . • DSC FOR THE EQUIPMENT UPON DELIVERY.
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