|
Limited Warranty
<br />F.POFQVCTOP/91136
<br />The R. H. Sheppard Co., Inc (“Sheppard”) is in the business of designing, manufacturing and selling for pre-approved applications, steering gears and parts for
<br />the heavy duty truck industry, machined assemblies, castings, engine timing devices, power transmission boxes and iron castings for the railroad, trucking,
<br />farming and hydraulic pump industries (collectively “Products” and individually “Product”). Sheppard’s products are sold to customers for pre-approved
<br />applications only. To the extent a purchaser of Products (“Purchaser”) uses Products for any purpose or application which has not been approved by Sheppard
<br />in advance, including use of aftermarket devices not approved by Sheppard, the following limited warranty shall be NULL AND VOID. Aftermarket devices
<br />are defined as a device added to Sheppard’s product, directly or indirectly, affecting the performance and operation of the approved application. Alteration,
<br />misuse, neglect, misapplication, hydraulic pump failure, accident or acts of God, will also render the following limited warranty NULL AND VOID.
<br />LIMITED WARRANTY For all new and re-manufactured products manufactured by Sheppard and sold to the Purchaser, Sheppard warrants to Purchaser for
<br />a period of one (1) year from the first date of service of a Product or 100,000 miles (160,000 kilometers), whichever first occurs, the Product will be free from
<br />defects in material and workmanship under normal use and applications approved in advance by Sheppard. This Limited Warranty will apply to the original
<br />approved installation of the Product and does not extend to subsequent installations. With respect to replacement service parts, the warranty shall last for ninety
<br />(90) days from the date of installation by an authorized person, but in no event more than one (1) year from the date of shipment of the replacement part by
<br />Sheppard.SHEPPARD MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED. SHEPPARD EXPRESSLY DISCLAIMS ANY
<br />WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE WHICH EXTEND BEYOND THE
<br />DESCRIPTION ON THE FACE HEREOF.
<br />CONDITIONS Claims under this Limited Warranty may only be made by the Purchaser. In no event shall Sheppard be held liable for warranty claims made
<br />by unauthorized persons. Any claim made under this Limited Warranty must be made on or before the earlier of one (1) year of the first date of service or
<br />100,000 miles (160,000 kilometers) for the Product to which the claim relates. Sheppard shall not be liable for claims made after such date.
<br />REMEDIES The sole and exclusive remedy of Purchaser for Sheppard’s breach of the foregoing warranty is limited to replacement and/or repair of the
<br />Product. Sheppard shall not be responsible for any repair or alteration made to a Product unless Purchaser first obtains Sheppard’s written consent to such
<br />repair or alteration. Parts being returned for warranty consideration shall be sent to the R. H. Sheppard Company, 447 East Middle St., Hanover, PA 17331
<br />. Seller’s determination as to whether a part is covered by the foregoing warranty is final and conclusive. Sheppard
<br />Attn: Warranty Dept. freight prepaid
<br />requires the return of complete steering gears only. Individual seals replaced under warranty need not be returned. All parts being returned for warranty
<br />consideration must be clearly tagged with all pertinent information including, but not limited to, claim number, date in service, mileage, part number dealer
<br />code and dollar amount claimed. SHEPPARD SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OR FOR
<br />LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF A PRODUCT. Purchaser expressly acknowledges Purchaser’s
<br />obligation to factually inform all users (customers) of the above disclaimer. Purchaser agrees not to issue debits for unresolved warranty claims or warranty
<br />claims in dispute. Purchaser agrees to negotiate equitable resolution of any disputed claims through Sheppard’s warranty department.
<br /> Sheppard will retain parts submitted for warranty consideration for a period of sixty (60) days for any material found to be rejected for
<br />PARTS RETENTION
<br />warranty. Sheppard will notify the Purchaser within sixty (60) days of receipt of Sheppard’s determination as to whether any such part is covered by this
<br />warranty. Credit for approved warranty will be issued to by Sheppard to the Purchaser within sixty (60) days of receipt of material.
<br />MISCELLANEOUS: This writing constitutes the full complete and final statement of Sheppard’s limited warranty for products. All prior oral or written
<br />correspondence, test data, negotiations, representations, understandings and the like regarding products are merged in this writing and extinguished by it. This
<br />limited warranty may not be altered, amended extended or modified except by a writing signed by the President or Vice President of Sheppard. No employee,
<br />vendor, dealer, distributor or other representative of Sheppard has authority to make statements to extend, expand, alter or amend the terms of this Limited
<br />Warranty. Sheppard expressly disclaims any statements contrary to the Limited Warranty.
<br />Sheppard’s failure at any time to enforce any of the terms and conditions stated herein shall not constitute a waiver of any provisions herein. This Limited
<br />Warranty shall be governed by and construed in accordance withthe laws of the Commonwealth of Pennsylvania. Any legal actions which may arise as a
<br />result of disputes, controversies or claims arising out of or related to this limited warranty shall be litigated in the Court of Common Please of York County,
<br />Pennsylvania, or in such other forum as Sheppard shall agree. This Limited Warranty shall not be assigned by the Purchaser.
<br />DELIVERY Sheppard shall not be held responsible for any delays in transportation or delays because of interruption or curtailment of mill or plant operations
<br />due to strikes or other causes beyond the control of Sheppard. Unless otherwise specifically provided, all shipments to Purchaser shall be made F.O.B.
<br />Hanover, Pennsylvania. Sheppard shall in no event be liable for any special, indirect or consequential damages arising from delay in delivery. Acceptance of
<br />delivery by purchaser shall constitute acceptance of all the terms and conditions herein.
<br />TAXES Purchaser shall pay manufacturer in addition to purchase price, the amount of all taxes imposed by any law on the sale of products made by the R. H.
<br />Sheppard Co., Inc.
<br />TERMS Terms on all orders subject to approval of our credit department
<br />PRICESAll orders are accepted at prices in effect upon date of shipment unless specifically stated to the contrary
<br />CANCELLATIONOrders entered upon our books cannot be countermanded or deliveries deferred except with our written consent. Should a purchaser due
<br />to a change in design or other good and sufficient cause, desire to effect cancellation of said order same shall be accepted on the following basis.
<br />(1) Purchaser to pay in full the purchase price for all products completed and ready for delivery.
<br />(2) On such products not completed, a charge will be made for incurred material and labor costs together with material handling, manufacturing, sales and
<br />engineering and administrative overheads, such charge in any event not to exceed the order price.
<br />GENERAL Should any of the terms and conditions of your order be in any way inconsistent with the terms and conditions herein then only our terms and
<br />conditions shall be binding upon us.
<br />
<br />
|