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CLARK WARRANTY
CLARK warrants each new Construction Machinery Group product, including attachments
and accessories thereto, sold by
it
to be merchantable and free from defects in material and
workmanship.
CLARK will cause any part of a CLARK product covered by this warranty ( except as excluded
below) which proves to be defective in material or workmanship during six (6) months im-
mediately following the delivery of said product to the person who first puts it into use, to be
replaced without charge with a new or repaired part (whichever CLARK elects). CLARK also
will
cause the labor to remove any such defective part and to install the new or repaired part
to be provided without charge to the owner of said CLARK product. The parts and labor to
meet this warranty will be furnished by a CLARK distributor designated by CLARK.
CLARK also warrants each replacement part for the products covered by this warranty sold
by it to be merchantable and free from defects in material and workmanship. CLARK will
cause any such replacement part which proves to be defective during the first six (6) months
following its installation in a CLARK product to be replaced, without charge, with a new or
repaired part (whichever CLARK elects).
CLARK'S warranty
does not cover:
(i) the replacement of parts found to have been damaged
by abuse, accident or a failure to maintain or use the CLARK product or part according to the
instructions applicable to it, (ii) the labor to remove and reinstall a defective replacement part
after the expiration of the warranty period applicable to the product in which such part is lo-
cated, (iii) overtime labor premiums, (iv) transportation of the CLARK product to the distrib-
utor's service facility or transportation of the distributor's service men to the product's location,
(v) the engine or the tires of any CLARK product, nor does it cover the carrier on any truck
mounted hydraulic cranes. The warranty of the respective manufacturers of these compo-
nents shall apply to said items unless said manufacturers make no warranty with respect to
said items, in which event CLARK'S warranty shall apply.
The Buyer accepts this warranty and the limitations of liability and disclaimers set forth herein
as part of the purchase of the CLARK product or part to which this warranty applies.
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES EX-
PRESSED OR IMPLIED AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABIL-
ITY OR FITNESS FOR A PARTICULAR PURPOSE.
Remedies available to any person claiming under this warranty are exclusive and ex-
pressly limited to obtaining the parts and the labor, where applicable, in accordance with
terms of this warranty.
CLARK'S liability for losses, damages or expenses of any kind arising from its design,
manufacture or sale of the products or parts covered by this warranty, whether based on
contract, tort or otherwise, including liability arising from a breach of this warranty, is limited,
unless otherwise prohibited by law, to an amount not exceeding the cost of performing
the obligations contained in this warranty according to its terms, and in no event shall
CLARK'S liability exceed the value of the CLARK product giving rise to such liability.
CLARK disclaims all liability for loss, damage or expense attributable to a loss of use of
the CLARK product, a loss or damage to property other than the CLARK product, a loss
of profits or other commercial loss, or any special or consequential damages (except
liability for consequential damages which by law may not be disclaimed).
The term CLARK means Clark Equipment Company or one of its subsidiaries, whichever last sold the product to which this war-
ranty applies,
The term Construction Machinery Group products refers to machines of the following types: Tractor shovels (loaders), wheel doz-
ers, scrapers, log skidders, log loaders, hydraulic cranes, cable cranes, excavators, and power shovels. (Not included are: lift
trucks, straddle carriers, skid steer loaders, agricultural products or other products sold by CLARK'S Material Handling Group or the
General Products Group).
Revised August 1978
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