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TIMPTE BULK COMMODITIES SEMI-TRAILER WARRANTY COVERAGE
All warranty work must be approved by the Timpte Warranty Department prior to any work being performed.
Subject to the following paragraphs and warranty schedule, Timpte Inc Warrants the First Purchaser* from Timpte, or from an authorized Timpte dealer, that a new bulk commodities trailer manufactured by Timpte, used in Normal Service**, will be free from defects in materials and workmanship for a period of three years from the date of delivery to the First Purchaser*.
The First Purchaser’s* sole and exclusive remedy against Timpte, arising from the purchase and use of the trailer, is limited to repair or replacement of defective materials and workmanship, as provide herein.
Alignment – Timpte will pay reasonable and customary charges*** for a standard inspection of the trailer alignment and readjustment of the alignment if needed if the alignment check is performed within 30 days of the delivery of the trailer with a spring ride suspension and within 90 days from the date of delivery for trailers with an air ride suspension at a Timpte facility for at a facility designated by Timpte.
Manufactured Parts & Assemblies – (examples – sidewall structures, slope structures, hopper assembly, coupler assembly, suspension sub frame assembly, nose assembly). Timpte will in the event of a defect in the material or workmanship of an assembly manufactured by Timpte Trailer Company, at its sole discretion, correct the defective work or replace the defective parts at a Timpte facility or at a facility designated by Timpte for a period of three years from the date of delivery.
Painted Steel parts – (only parts painted by Timpte Trailer Company) – Timpte will in the event that the paint was improperly applied pay reasonable and customary charges*** to repaint the effected areas at a rate of 100% of the costs for the period of the first six months after delivery of the trailer. Timpte will pay at a rate 0f 50% of the costs for the period of the seventh through the twelfth months after delivery of the trailer. There is no warranty coverage on the painted steel parts after the first twelve months.
Vendor Supplied Components – (examples include tires, axles, wheel seals, bearings, hub & drum assemblies, suspension components, painted panels, landing gear, tarp kit & hardware, electrical lamps & wiring, wheels) Timpte’s warranty does not cover vendor supplied components. Most vendor supplied components are warranted directly by the component’s manufacturer and Timpte will make the component manufacturer’s warranty available to the First Purchaser* to the extent that such a warranty exists.
Weights, dimensions, capacities and other measures stated in connection with a new Timpte trailer are only estimates and are not warranted to be correct. Timpte reserves the right to change components, specifications, weights, dimensions, capacities, and other aspects of its trailer at any time without notice to the purchaser.
WARRANTY EXCLUSIONS
Misuse, neglect, overloading, improper loading, failure to follow any recommended loading or operating instructions, failure to follow specified maintenance procedures and intervals, unauthorized repair or structural modifications or failure to provide normal maintenance shall void this warranty in its entirety.
This warranty does not cover such items as tires, wheels, braking systems, supports, suspensions, springs, axles, and axle components, brake linings, accessories, electrical lamps and wiring, painted panels, walking floors, or other items not manufactured or painted by Timpte. If these items are warranted by the manufacturer or supplier, and such warranty may be extended to the First Purchaser*, Timpte will make such warranties available to the First Purchaser*.
This warranty does not cover any goods which are not defective, but which wear out and have to be replaced during the warranty period, including for example, but not limited to lamps, lamp bulbs, paint, brake linings, brake drums, suspension bushings, lubricants, wheel flaps, tarpaulins, seals, bearings, gaskets, grommet mountings, wire ties, circuit breakers, and the like.
This warranty is not applicable to used equipment or electrical components.
This warranty does not cover purchased components, attachments, or accessories, whether acquired from or provided by a Timpte dealer, Timpte branch, or any other party, that are not in accordance with the factory-level standard specifications.
ANY WORK PERFORMED WITHOUT PRIOR AUTHORIZATION (AS EVIDENCED BY A VALID CLAIM NUMBER) FROM THE TIMPTE WARRANTY DEPARTMENT WILL NOT BE COVERED BY THIS WARRANTY.
TIMPTE MAY AT ITS OPTION REQUIRE THAT THE DEFECTIVE PART OR TRAILER BE RETURNED TO A TIMPTE FACILITY OR A TIMPTE AUTHORIZED SERVICE SHOP, AS TIMPTE MAY DETERMINE.
ALL WARRANTY WORK MUST BE PERFORMED AT THE LOCATION DESIGNATED OR APPROVED IN ADVANCE BY TIMPTE AND TO THE SPECIFICATIONS DICTATED BY TIMPTE.
* “First Purchaser” means the first purchaser in good faith for
a purpose other than resale.
** “Normal Service” means the loading and transportation of uniformly
distributed legal loads of properly secured, noncorrosive cargo, in accordance
with any applicable factory instructions and in a manner which does not subject
the trailer or parts of the trailer to (a) concentrated loads; (b) loads in
excess of the Gross Axle Weight Rating (GAWR) or Gross Vehicle Weight Rating
(GVWR) stated on the Certification Plate affixed to the trailer by Timpte;
and (c) accidental
damage, impact or shock greater than those consummate with normal, lawful use.
*** “Normal and Customary Charges” are a sum not exceeding the
price charged by Timpte for such work.
Customer Responsibilities
To the effect the Timpte Warranty program the First Purchaser* must:
1. Sign and submit to Timpte Trailer Company the Warranty Card. There is no
warranty coverage on a trailer until such time as Timpte receives a completed
Warranty Card from the First Purchaser*.
2. The First Purchaser* shall regularly inspect and check the trailer and follow
all recommended maintenance procedures and intervals. Failure to do so could
void the warranty coverage.
3. The First Purchaser* shall contact the Timpte Trailer Warranty Department
immediately at (402) 367-3056 upon detection of any perceived defect in the
materials or workmanship. Any continued use of the trailer after discovery
of a defect that could in any way aggravate the defect or otherwise damage
the trailer will void the warranty on that part of the trailer. Absolutely
no work should be performed to the trailer prior to receiving authorization
as evidence by a valid claim number, from the Timpte Warranty department. Any
work performed prior to receiving authorization will not be covered under warranty.
The First Purchaser* shall comply with the instructions of the Warranty Department related to a claim within 30 days of the date of those instructions or the warranty on that part of the trailer is voided. The Timpte Warranty department will issue a claim number as authorization for approved warranty repair … Timpte will not pay for any warranty work that was performed without a valid claim number. All transportation charges in connection with a warranty claim will be the sole responsibility of the First Purchaser*.
LIABILITY LIMITATIONS
TIMPTE SHALL NOT BE LIABLE TO THE FIRST PURCHASER* OR ANY OTHER PERSON FOR ANY DAMAGES, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE FOR BREACH OF WARRANTY, FAILURE OR DELAY IN MAKING DELIVERY, OR ANY OTHER CAUSE, EXCEPT AS SPECIFICALLY SET FORTH IN THIS WARRANTY.
WITHOUT LIMITING THE FOREGOING, TIMPTE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER AS A RESULT OF CARGO LOSS, DOWNTIME, DRIVER, ROAD SERVICE, TOWING EXPENSE, TIRE REPAIR SERVICE, LOSS OF PROFIT, RENTAL OR SUBSTITE EQUIPMENT OR ANY OTHER TYPE OF LOSS DUE TO TRAILER PERFORMANCE. PREMIUM LABOR RATES (I.E. OVERTIME, SERVICE CALLS, ROAD SIDE/MOBILE SERVICE) WILL NOT BE PAID BY WARRANTY.
THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES APPLICABLE TO TIMPTE BULK COMMODITIES TRAILERS AND ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Timpte’s Obligation
In the event of a defect in material or workmanship covered by this warranty,
Timpte, Inc. in its sole discretion will:
• Correct the defective work or replace the defective parts at Timpte’s
factory or at a Timpte Branch or dealer assigned by Timpte,
• Or reimburse the First Purchaser* by paying a sum not exceeding the price
charged by Timpte for such work or part,
• Or provide for repair of the defective parts by an authorized Timpte
service facility,
• Or supply a replacement part to the First Purchaser*, who will install
it at his own expense.
To file a claim or if you have any questions concerning this warranty, contact
the Timpte Warranty department at:
Timpte, Inc
1827 Industrial Road
David City, NE 68632
(402) 367-3056