Warranty

LIMITED PRODUCT WARRANTY
Subject to the terms and conditions below, Magnum Power Products, LLC (“Magnum”) warrants that products manufactured by it
(other than components subject to an OEM Warranty) (collectively, the “Products”), when used as intended and designed, shall be
free from defects in material and/or workmanship for the applicable Warranty Period. Warranty coverage under the Warranty
begins on the date of first operation of a Product, or six (6) months after the Product ship date from Magnum and shall continue for
the time period(s) set forth in Exhibit A (the “Warranty Period”).
Warranty claims must be submitted promptly to Magnum in writing, and actually received within the applicable Warranty Period,
describing in detail: (i) the applicable Warranty, (ii) the claimed Product deficiency, defect or failure, (iii) Product information
required by Magnum, and (iv)sales or purchaser order for any replacement parts (sent to Magnum’s Parts Sales Department).
Magnum will reimburse necessary labor to repair the Products for a reasonable allotment of time to diagnose and replace defective
Products as set forth in Exhibit A.
Purchaser’s exclusive remedies under this Warranty shall be, at Magnum’s sole discretion: (i) repair; or (ii) replacement; or
(iii) payment of or credit for the original purchase price of the Products. These remedies are expressly limited to the repair or
replacement of the defective Products (or part(s) thereof), and do not include the replacement of the entire Product. The
Warranty does not cover sales tax or any incidental costs, including without limitation: shipping or associated
transportation charges, travel to and from repair sites, damages related to the loss of use, lost rentals, re-rental expenses
and damages to property or other equipment.
It is the responsibility of the purchaser to carry genuine replacement parts and provide Warranty service for the Products.
Magnum will not ship replacement parts to purchasers, or end users, free of charge. Magnum will ship the replacement parts and
issue an invoice to purchaser for shipping costs.
The Warranty shall not apply to the extent Product defect has been caused by any of the following: (i) Product operator negligence
or intentional misconduct (other than by Magnum), (ii) casualty or accident to the Products; (iii) use and operation of the Products)
not in conformance with Magnum’ s training and/or operation manuals, or operation exceeding Magnum’s ratings for the Products,
including misuse and abuse; (iv) maintenance, service and/or repair of the Products not in conformance with Magnum’s
recommended service and maintenance schedules; (v) improper installation (other than by Magnum) not in material conformance
with Magnum’s specifications; (vi) unauthorized modification of or alternations to the Products; (vii) improper load sizing (other
than by Magnum); (vii) transportation damage; or (ix) Product exposure to the elements or other acts of God.
Engines and driven components used in all Magnum Power Products carry a separate manufacturer’s (OEM) warranty (the “OEM
Warranties”), unless otherwise expressly stated. OEM Warranties are in addition to this Warranty. All warranty claims for defects
in material and/or workmanship on Magnum’s Products’ components, must be directed through the OEM distributor/dealer
network. OEM Warranties may vary and are subject to change. Magnum shall have no liability under OEM warranties. Please
contact your local Magnum sales representative for a list of these providers.
The express warranties provided herein are offered in lieu of all other warranties, and to the greatest extent permitted by applicable
law, Magnum’s repair and/or replacement of the Products, shall be purchaser’s sole and exclusive remedies and Magnum shall
have no additional obligations. MAGNUM MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE TO
PURCHASER OR ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED IN AND BY THIS WARRANTY.
MAGNUM HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
PARTICULAR PURPOSE (OR OTHER WARRANTIES, REPRESENTATIONS OR GUARANTEES ARISING BY
OPERATION OF LAW, COURSE OF DEALING OR CUSTOM OF TRADE). MAGNUM SHALL NOT BECOME LIABLE
UNDER ANY CIRCUMSTANCES WHATSOEVER (WHETHER BY VIRTUE OF A PURCHASE AGREEMENT, THIS
WARRANTY, ANCILLARY AGREEMENTS ENTERED INTO IN CONJUNCTION WITH THE FOREGOING OR ANY
OTHER DOCUMENTS) FOR SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECULATIVE
DAMAGES, INCLUDING WITHOUT LIMITATION PURCHASER’S OR ANY THIRD PARTIES’ LOST PROFITS WHICH
MAY RESULT FROM, BE CAUSED BY OR ARISE OUT OF: (I) BREACH OF ANY WARRANTY, REPRESENTATION OR
GUARANTEE MADE BY MAGNUM; (II) THE USE, OR COST OF USE, OF THE PRODUCTS; OR (III) MAGNUM’S
PERFORMANCE OF ANY REMEDIAL WORK REQUIRED BY THIS WARRANTY.
Some states in the U.S.A. do not allow limitations of how long an implied warranty extends, or the exclusion of incidental,
indirect, special or consequential damages, so that the above limitation or exclusion may not apply to you. In some Canadian
provinces legislation provides for certain additional warranties or remedies other than as stated herein, and to the extent that they
may not be waived, the limitations and exclusions set out above may not apply. This Warranty provides specific legal rights; other
rights may be available, but may vary from state to state or from province to province.
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