Service Manual

ManualsBrandsToro ManualsRiding EquipmentToro 74195

HY13-1512-006-M1/USA

Torqmotor™ Service Procedure

TC, TS, TB, TE, TJ, TF, TG, TH and TL Series

Parker Hanniﬁ n Corporation

Hydraulic Pump/Motor Division

Greeneville, TN 37745 US

The items described in this document and other documents or descriptions provided by Parker Hanniﬁ n Corporation, its subsidiaries and its authorized

distributors are hereby offered for sale at prices to be established by Parker Hanniﬁ n Corporation, its subsidiaries and its authorized distributors.

This offer and its acceptance by any customer (“Buyer”) shall be governed by all of the following Terms and Conditions. Buyer’s order for any such

items, when communicated to Parker Hanniﬁ n Corporation, its subsidiary or an authorized distributor (“Seller”) verbally or in writing, shall constitute

acceptance of this offer.

by Buyer. Unless otherwise agreed, Seller shall have the right to alter,

discard or otherwise dispose of any special tooling or other property in

its sole discretion at any time.

8. Buyer’s Property: Any designs, tools, patterns, materials, drawings,

conﬁ dential information or equipment furnished by Buyer or any other

items which become Buyer’s property, may be considered obsolete and

may be destroyed by Seller after two (2) consecutive years have elapsed

without Buyer placing an order for the items which are manufactured using

such property, Seller shall not be responsible for any loss or damage to

such property while it is in Seller’s possession or control.

9. Taxes: Unless otherwise indicated on the face hereof, all prices and

charges are exclusive of excise, sales, use, property, occupational or like

taxes which may be imposed by any taxing authority upon the manufac-

ture, sale or delivery of the items sold hereunder. If any such taxes must

be paid by Seller or if Seller is liable for the collection of such tax, the

amount thereof shall be in addition to the amounts for the items sold. Buyer

agrees to pay all such taxes or to reimburse Seller therefore upon receipt

of its invoice. If Buyer claims exemption from any sales, use or other tax

imposed by any taxing authority, Buyer shall save Seller harmless from

and against any such tax, together with any interest or penalties thereon

which may be assessed if the items are held to be taxable.

10. Indemnity For Infringement of Intellectual Property Rights: Seller

shall have no liability for infringement of any patents, trademarks, copy-

rights, trade dress, trade secrets or similar rights except as provided in

this Part 10. Seller will defend and indemnify Buyer against allegations of

infringement of U.S. Patents, U.S. Trademarks, copyrights, trade dress

and trade secrets (hereinafter ‘Intellectual Property Rights’). Seller will

defend at its expense and will pay the cost of any settlement or damages

awarded in an action brought against Buyer based on an allegation that

an item sold pursuant to this contract infringes the Intellectual Property

Rights of a third party. Seller’s obligation to defend and indemnify Buyer

is contingent on Buyer notifying Seller within ten (10) days after Buyer

becomes aware of such allegations of infringement, and Seller having

sole control over the defense of any allegations or actions including all

negotiations for settlement or compromise. If an item sold hereunder is

subject to a claim that it infringes the Intellectual Property Rights of a

third party, Seller may, at its sole expense and option, procure for Buyer

the right to continue using said item, replace or modify said item so as to

make it noninfringing, or offer to accept return of said item and return the

purchase price less a reasonable allowance for depreciation. Notwithstand-

ing the foregoing, Seller shall have no liability for claims of infringement

based on information provided by Buyer, or directed to items delivered

hereunder for which the designs are speciﬁ ed in whole or part by Buyer,

or infringements resulting from the modiﬁ cation, combination or use in a

system of any item sold hereunder. The foregoing provisions of this Part

10 shall constitute Seller’s sole and exclusive liability and Buyer’s sole and

exclusive remedy for infringement of Intellectual Property Rights.

If a claim is based on information provided by Buyer or if the design for an

item delivered hereunder is speciﬁ ed in whole or in part by Buyer, Buyer

shall defend and indemnify Seller for all costs, expenses or judgments

resulting from any claim that such item infringes any patent, trademark,

11. Force Majeure: Seller does not assume the risk of and shall not be

liable for delay or failure to perform any of Seller’s obligations by reason

of circumstances beyond the reasonable control of Seller (hereinafter

‘Events of Force Majeure’). Events of Force Majeure shall include without

limitation, accidents, acts of God, strikes or labor disputes, acts, laws,

rules or regulations of any government or government agency, ﬁ res,

ﬂ oods, delays or failures in delivery of carriers or suppliers, shortages of

materials and any other cause beyond Seller’s control.

12. Entire Agreement/Governing Law: The terms and conditions set

forth herein, together with any amendments, modiﬁ cations and any dif-

ferent terms or conditions expressly accepted by Seller in writing, shall

constitute the entire Agreement concerning the items sold, and there are

no oral or other representations or agreements which pertain thereto.

This Agreement shall be governed in all respects by the law of the State

of Ohio. No actions arising out of the sale of the items sold hereunder or

this Agreement may be brought by either party more than two (2) years

after the cause of action accrues.

9/91-P

1. Terms and Conditions of Sale: All descriptions, quotations, pro-

posals, offers, acknowledgments, acceptances and sales of Seller’s

products are subject to and shall be governed exclusively by the terms

and conditions stated herein. Buyer’s acceptance of any offer to sell is

limited to these terms and conditions. Any terms or conditions in addi-

tion to, or inconsistent with those stated herein, proposed by Buyer in

any acceptance of an offer by Seller, are hereby objected to. No such

additional, different or inconsistent terms and conditions shall become

part of the contract between Buyer and Seller unless expressly accepted

in writing by Seller. Seller’s acceptance of any offer to purchase by Buyer

is expressly conditional upon Buyer’s assent to all the terms and condi-

tions stated herein, including any terms in addition to, or inconsistent

with those contained in Buyer’s offer, Acceptance of Seller’s products

shall in all events constitute such assent.

2. Payment: Payment shall be made by Buyer net 30 days from the

date of delivery of the items purchased hereunder. Amounts not timely

paid shall bear interest at the maximum rate permitted by law for each

month or portion thereof that the Buyer is late in making payment. Any

claims by Buyer for omissions or shortages in a shipment shall be waived

unless Seller receives notice thereof within 30 days after Buyer’s receipt

of the shipment.

3. Delivery: Unless otherwise provided on the face hereof, delivery shall

be made F.O.B. Seller’s plant. Regardless of the method of delivery,

however, risk of loss shall pass to Buyer upon Seller’s delivery to a carrier.

Any delivery dates shown are approximate only and Seller shall have no

liability for any delays in delivery.

4. Warranty: Seller warrants that the items sold hereunder shall be free

from defects in material or workmanship for a period of 18 months from

date of shipment from Parker Hanniﬁ n Corporation. THIS WARRANTY

COMPRISES THE SOLE AND ENTIRE WARRANTY PERTAINING

TO ITEMS PROVIDED HEREUNDER. SELLER MAKES NO OTHER

WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND

WHATSOEVER. ALL OTHER WARRANTIES, INCLUDING BUT NOT

LIMITED TO, MERCHANTABILITY AND FITNESS FOR PURPOSE,

WHETHER EXPRESS, IMPLIED, OR ARISING BY OPERATION OF

LAW, TRADE USAGE, OR COURSE OF DEALING ARE HEREBY

DISCLAIMED.

NOTWITHSTANDING THE FOREGOING, THERE ARE NO WAR-

RANTIES WHATSOEVER ON ITEMS BUILT OR ACQUIRED WHOLLY

OR PARTIALLY, TO BUYER’S DESIGNS OR SPECIFICATIONS.

5. Limitation Of Remedy: SELLER’S LIABILITY ARISING FROM OR IN

ANY WAY CONNECTED WITH THE ITEMS SOLD OR THIS CONTRACT

SHALL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT

OF THE ITEMS SOLD OR REFUND OF THE PURCHASE PRICE PAID

BY BUYER, AT SELLER’S SOLE OPTION. IN NO EVENT SHALL

SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR

SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER,

INCLUDING BUT NOT LIMITED TO LOST PROFITS ARISING FROM

OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ITEMS

SOLD HEREUNDER, WHETHER ALLEGED TO ARISE FROM BREACH

OF CONTRACT, EXPRESS OR IMPLIED WARRANTY, OR IN TORT,

INCLUDING WITHOUT LIMITATION, NEGLIGENCE, FAILURE TO

WARN OR STRICT LIABILITY.

6. Changes, Reschedules and Cancellations: Buyer may request to

modify the designs or speciﬁ cations for the items sold hereunder as well

as the quantities and delivery dates thereof, or may request to cancel

all or part of this order, however, no such requested modiﬁ cation or

cancellation shall become part of the contract between Buyer and Seller

unless accepted by Seller in a written amendment to this Agreement.

Acceptance of any such requested modiﬁ cation or cancellation shall

be at Seller’s discretion, and shall be upon such terms and conditions

as Seller may require.

7. Special Tooling: A tooling charge may be imposed for any special

tooling, including without limitation, dies, ﬁ xtures, molds and patterns,

acquired to manufacture items sold pursuant to this contract. Such special

tooling shall be and remain Seller’s property notwithstanding payment

of any charges by Buyer. In no event will Buyer acquire any interest in

apparatus belonging to Seller which is utilized in the manufacture of the

items sold hereunder, even if such apparatus has been specially converted

or adapted for such manufacture and notwithstanding any charges paid

Offer of Sale