GrainPro hereby warrants that Products sold by it to Buyer shall be free of defects in workmanship and materials, including maintaining gas tightness for a period as follows - starting from the date of shipment (B/L): Five years for the Self-Verifying Cocoon™ liner and zipper. One year for all other parts. Five years for the GrainSafe II™ and GrainSafe III™
SuperGrainbag™ and TranSafeliner™ are expendable items and the liners are guaranteed for 3 uses or 1-year, whichever comes sooner. The outer cover of SGB-HC™ is guaranteed for 1-year.
The warranty liability is limited to replacement of defective Products during the warranty period at GrainPro's plant in accordance with the provisions specifically and expressly set forth herein.
The Buyer will pay for Products which need to be replaced under warranty, a percentage of the full list price according to the ratio between the period, which has passed until replacement, and the full warranty period.
The Buyer shall bear shipping costs for shipment of defective Products to GrainPro, and GrainPro shall bear shipping costs of returning good Products to Buyer.
The Warranty does not cover the cost of any services, work, or materials required for the replacement of defective Products with good Products at the site of installation.
GrainPro shall have no obligation under the warranty to replace defective Products or parts thereof if the defect is a result of any of the following: normal wear and tear; damages occurring after delivery, accidents, acts of God, or catastrophes, fault or negligence, or improper storage, installation, maintenance or use of the Products.
Replacement costs and shipping charges for Products found not to be under warranty as specified above will be paid in full by the Buyer before new/refurbished Products are shipped to Buyer.
Notwithstanding the above, if the Products include main parts or sub-assemblies purchased by GrainPro from other vendors ("Additional Equipment"), then the period and terms of warranty for Additional Equipment are limited to the period and terms offered by the vendors of such equipment.
The Buyer agrees that the warranty liabilities of GrainPro shall be and are limited to the express foregoing terms:
THE EXPRESS WARRANTIES AND OBLIGATIONS SET FORTH ABOVE, ARE AND SHALL BE IN LIEU OF ALL OTHER WARRANTIES AND OBLIGATIONS OF GRAINPRO, EXPRESSED OR IMPLIED. EXCEPT TO THE EXTENT HEREIN PROVIDED, GRAINPRO DOES NOT MAKE AND SHALL NOT BE DEEMED TO MAKE ANY WARRANTY WHATSOEVER TO THE BUYER, TO ANY END USER OR TO ANY OTHER PERSON OR PARTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR USE OR PURPOSE. GRAINPRO SHALL NOT BE LIABLE FOR ANY LOSS OF USE, SALES OR PROFIT OR FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES CAUSED BY OR SUFFERED AS A RESULT OF THE SALE OR USE OF THE PRODUCTS.