TRK Attachments Inc. offers first-rate service and support through our generous warranty policy. Our policy includes comprehensive, complimentary web-based resources, expert in-house technical support, and repair and/or replacement coverage. A 1 year limited warranty is included with all attachments manufactured by TRK Attachments after October 2, 2019. Please read the terms and conditions below.
TRK Attachments Inc. ("TRK") warrants, to the original purchaser, that this equipment shall be free of defects for a period of one (1) year from TRK's date of original shipment when the equipment is used normally and is properly serviced when needed.
If you discover a defect covered by the warranty set forth, your sole and exclusive remedy will be for TRK, in its sole discretion to
(i) repair using a prorated value or replace the attachment at no charge to you; or, if a repaired unit or replacement product is not available,
(ii) to refund the current market value of your attachment.
You acknowledge and agree that a replacement attachment, at the sole option of TRK, may be a new attachment or a remanufactured attachment.
ANY REPAIR WORK BY A THIRD PARTY, THAT HAS NOT BEEN AUTHORIZED BY TRK, WILL VOID THIS WARRANTY.
In order to receive the remedy set forth above, you must return the attachment during the warranty period and include with each returned attachment
(i) a copy of your original purchase invoice to verify your warranty;
(ii) your name, address and telephone number;
(iii) a copy of the bill of sale bearing the appropriate TRK serial number as proof of date of original purchase; and
(iv) a description of the problem.
The customer must pay all transportation costs for a returned attachment and must be securely packaged for shipping. This warranty does not apply if the attachment has been misused or has been damaged by accident, abuse, misuse, or misapplication; if it has been modified without permission of TRK; or if any TRK serial number has been removed or defaced.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, ALL ATTACHMENTS ARE SOLD "AS IS" AND TRK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT FURTHER LIMITING THE GENERALITY OF THE FOREGOING, DOES NOT WARRANT (1) THE PERFORMANCE OR RESULTS OBTAINED FROM USING THIS ATTACHMENT, (2) THAT THE ATTACHMENT IS APPROPRIATE FOR THE CUSTOMER'S PURPOSES, OR (3) THE INSTRUCTIONS ARE ERROR FREE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE IS ASSUMED BY THE CUSTOMER. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED.
EXCLUSIONS AND LIMITATIONS
This prorated Limited Warranty applies only to products manufactured by TRK that can be identified by the "TRK" trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-TRK products, even if packaged or sold with TRK's attachments. Manufacturers, suppliers, or publishers, other than TRK, may provide their own warranties, but TRK, in so far as permitted by law, provides their products "as is".
TRK does not warrant that the operation of the product will be uninterrupted or error-free. TRK is not responsible for damage arising from failure to follow instructions relating to the product's use. This warranty does not apply:
(a) to cosmetic damage, including but not limited to scratches, dents and broken hoses;
(b) to damage caused by use with non-TRK products;
(c) to damage caused by accident, abuse, misuse, flood, extreme cold, fire, earthquake or other external causes;
(d) to damage caused by operating the attachment outside the permitted or intended uses described by TRK;
(e) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of TRK or authorized by TRK;
(f) to a product or part that has been modified to alter functionality or capability without the written permission of TRK; or
(g) if any TRK serial number on the product has been removed or defaced.
TRK IS NOT RESPONSIBLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY, OR UNDER ANY LEGAL THEORY, INCLUDING LOST PROFITS, DOWNTIME, GOODWILL, AND DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY.
Your use of the product acknowledges that you have read and agree to the terms of this Agreement. You further agree that it is the complete and exclusive state of the agreement between us and supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this Agreement.
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