Warranty Info

This Limited Warranty is effective March 20, 2008 and supersedes all previous announcements on the same subject matter.

1. a) Structural Warranty Period. Jewell Attachments, (Jewell), warrants any Base Machine and Boom Product which is modified, converted or manufactured by Jewell, for a period of 12 months or 2,000 hours of operation from the date of shipment, according to Jewell’s records, to the Purchaser, whichever occurs first; provided that Jewell receives written notice of the Purchaser’s warranty claim prior to the end of the applicable warranty period.
   
   b) Attachments Warranty period. Jewell warrants its manufactured Attachment Goods for a period of 6 months or 1,000 hours of operation from the date of shipment, according to Jewell’s records, to the Purchaser, whichever occurs first; provided that Jewell receives written notice of the Purchaser’s warranty claim prior to the end of the applicable warranty period.
   
   c) Warranty Period for Inventory. For Goods which, prior to their sale and shipment to the Purchaser, are inventoried by a Jewell Dealer for more than 30(thirty) days from date of shipment to the Jewell Dealer, the warranty period will start at 30(thirty) days. Therefore, Goods may be inventoried for a maximum of 30(thirty) days before the warranty period is initiated.
   
   d) Definitions.
   “Base Machine and Boom Products” are those portions of the base machine or the boom of the base machine that are modified, converted or manufactured by Jewell.
   “Attachment Goods” are those items manufactured by Jewell which are to be connected or pinned to the end of or termination of a boom.
   “Goods” are the Base Machine and Boom Products and Attachment Goods together.

2. a) Scope of Warranty. Jewell warrants the Goods against defects in materials and workmanship only. Purchaser acknowledges that Jewell will not have any responsibility for any loss, damage, liability or failure of the Goods arising out of any design, specifications, or descriptions provided by Purchaser to Jewell including any appearing in the Sales Proposal/Order Acknowledgement. All descriptions of the Goods ( including without limitation any description included in Jewell’s sales material, any sample provided by Jewell or any description provided by purchaser) are excluded from this agreement and are not included be reference. Jewell’s warranty set forth herein does not cover Goods, which in the sole opinion of Jewell, are damaged due to abuse, misuse, misapplication, prohibited operation, improper maintenance, alteration, unauthorized service, contamination by the base machine, or normal wear and tear. Jewell’s warranty set forth herein is voided if the Goods are modified in any way without the written consent or instruction of Jewell after delivery to the Purchaser or if the Goods are used in a prohibited operation, or if unauthorized adjustment/assembly/disassembly has occurred.

3. a) Exclusion of Warranties. Jewell’s warranty herein is exclusive. Jewell makes no other express warranty. Jewell makes no implied warranty of any kind whether as to the Goods’, merchantability, fitness for any use, condition or otherwise. There are no warranties which extend beyond the description set forth herein.

4. a) No consequential or incidental damages. Under no circumstances will Jewell be liable to the purchaser or any other person for any direct, incidental, consequential, punitive, or special damages, including but not limited to loss of profits revenue, business or opportunity, or any loss occasioned by delay in delivery, which damages are in any way related to or arise, directly or indirectly, from the Goods including, but not limited to, their sale.

5. a) Limitations of Remedies. The Purchaser’s sole remedy for any breach of warranty with respect to the Goods (or any other claim arising out of the condition of the Goods, however described, including without limitation claims by way of negligence, products liability, fraud, other tort, contribution or indemnity) will be repair or replace the Goods by Jewell or, if Jewell determines in its sole discretion that repair or replacement is not possible or uneconomical to Jewell, return of so much of the purchase price as has been paid for the Goods, Upon return of the Goods to Jewell, Jewell may, in its sole discretion, return the purchase price by allowing the purchaser a credit against the purchase price of Goods delivered or to be delivered to the Purchaser.
   
   b) Limitation of Loss. The liability of Jewell for any and all losses and damages to Purchaser, its successors and assigns, resulting from any cause whatsoever, including the negligence of Jewell, irrespective of whether such defects are discoverable or latent, shall in no event exceed the purchase price of the Goods with respect to which such losses or damages are claimed.
   
   c) Timeliness and Validity of Claims. Jewell will have no obligation of any kind with respect to any warranty claim which the Purchaser fails to timely and properly deliver to Jewell. Timely and proper delivery requires that: (i) any warranty claim is delivered in writing to Jewell at the address set forth below within thirty (30) days of the earlier of the date on which Purchaser knew or had reason to know of the alleged defect and (ii) the written claim includes a full explanation of the alleged defect and claimed breach of warranty.
   
   Jewell Attachments
   Attn: Product Warranty Dept.
   18135 SW Boones Ferry Rd.
   Portland, Oregon 97224