LIMITED WARRANTY AND LIMITATION OF LIABILITY
PARTS AND ACCESSORIES
This is a limited warranty. The manufacturers and Garton Tractor, Inc. jointly warrant each new part or accessory to be free from defects in materials and workmanship under normal use and service for a period of three (3) months from the date of retail sale (six (6) months for New Holland Parts) or for the remainder of the original equipment warranty, whichever is greater. The only exception to this warranty is for batteries in which case the Battery Adjustment Policy set forth below applies.
BATTERY AND ADJUSTMENT POLICY -Please ask your parts department for the current policy on replacement batteries for the specific battery manufacturer.
This warranty shall be fulfilled by Garton Tractor, Inc. replacing such part at the dealership, free of charge including labor required to install any replacement part, (excluding any transportation costs) only if labor was performed initially by Garton Tractor, Inc. This warranty also applies to Parts and Accessories sold “over the counter” for installation by the buyer or buyer’s agent. There is no other expressed warranty applicable to Parts, Accessories or Batteries.
TO THE EXTEND ALLOWED BY LAW, ANY IMPLIED WARRANTY OF MERCHANT-ABILITY OR FITNESS APPLICABLE TO THIS PRODUCT IS LIMITED TO THE STATED DURATION OF THIS WRITTEN WARRANTY. NEITHER MANUFACTURER NOR GARTON TRACTOR, INC. SHALL BE LIABLE FOR LOSS OF THE USE OF THE PRODUCT, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS OR CONSEQUENTIAL DAMAGES.
SPECIAL ORDER AND ELECTRICAL COMPONENT PARTS ARE NON-RETURNABLE
All other parts returned after 15 days are subject to a 20% restocking fee.
RETURN OF EQUIPMENT: LESSEE agrees, at the expiration of the term hereof or sooner termination of this lease, to return, transportation costs prepaid, all of the Equipment to LESSOR at the place of business of LESSOR above stated in the same operating condition, order, repair and appearance as when received (ordinary wear and tear excepted) and free of all liens and encumbrances.
LOSS OR DAMAGE: The LESSEE agrees to pay the LESSOR for all loss and damages to the equipment arising from any cause whatsoever that may occur during the life of this lease. It is agreed by the parties hereto that the value as hereinbefore stated is hereby accepted as the true value and shall be used in case of arbitration or adjustment. In making such agreement, it is understood that no rentals theretofore paid or due shall apply to the payment of such loss. It is further understood and agreed that in making any adjustment for loss or damages to equipment, LESSEE shall be credited with the amount of insurance payment received by LESSOR under insurance policies, if an insurance recovery is effected thereunder. LESSEE, in addition to liability for loss or damage herein otherwise provided for, shall be liable for all loss and damage to said equipment caused by strikes, riot and civil commotion arising from cause whatsoever.
INSPECTION: LESSEE shall, whenever requested, advise LESSOR of the exact location of the equipment. LESSOR or its representatives may, for the purpose of inspection, at all reasonable times, enter upon any job, building or place where the equipment is located and may remove the same without notice to LESSEE, if the equipment is, in the opinion of the LESSOR, being used beyond its capacity or in any manner improperly cared for or abused, or in the event of termination or breach of this lease.
WARRANTY: LESSEE acknowledges that each item of equipment is of a size, designed and capacity selected by LESSEE and that the same is suitable for LESSEE’s intended purposes. LESSOR’s sole and exclusive warranty is as follows: LESSOR warrants to LESSEE that the equipment covered by this lease will be delivered to LESSEE free from defects in material and workmanship when used under proper and normal conditions. Should any failure to conform to the above sole and exclusive warranty appear during the term of this lease and provided no such defects are in any way attributable to the fault of LESSEE, LESSOR will repair or replace the equipment at LESSOR’s option. The foregoing warranty shall not apply to damage or defects caused by ordinary wear and tear and are exclusive and in lieu of all other warranties whether written, oral, express or implied (including any warranty on merchantability or fitness for purpose). The remedies under this warranty are exclusive and LESSOR neither assumes nor authorizes anyone else to assume for it any other obligation. The above sole and exclusive warranty shall constitute LESSEE’s sole remedy and the sole liability of LESSOR under any legal theory or theories whatsoever including without limitation under warranty, tort, fraud or contract legal theory. The sole and exclusive warranty does not include reimbursement for the expenses of labor, transportation, installation, removal from the line or any other expenses which may be incurred by LESSEE. In no event shall LESSOR be liable for any penalty or for any special, liquidated, indirect or consequential damages, such as but no limited to lost profits or revenues, time lost or any other damage or injury suffered by LESSEE or any other person while the equipment in inoperable for any reason and no deductions shall be made from rental payment therefor. The receipt and acceptance by the LESSEE of the equipment shall constitute acknowledgment that the equipment is in good, safe and serviceable condition, and fit for use, unless LESSEE makes a claim to the contrary to LESSOR within three (3) days after receipt of the equipment.
SUPPLIES, MAINTENANCE AND REPAIRS: LESSEE shall be responsible for and shall bear the expense of all fuel, lubrication and maintenance for each item of equipment. LESSOR undertakes no obligation with respect to repairs or replacement of parts, attachments, accessories or equipment, except pursuant to writ-ten warranty as provided in the section of this lease entitled ‘WARRANTY”, LESSEE shall, at its expense, at all times during the term hereof, maintain each item of equipment in good operating order, repair and appearance and shall lubricate and practice preventative maintenance at regular intervals as suggested in manufacturer’s service manual, receipt of a copy of which is hereby acknowledged by LESSEE on delivery of equipment. LESSEE agrees to maintain said equipment in the same condition as when delivered to it by LESSOR, usual and ordinary wear and tear excepted. LESSEE agrees that in effecting maintenance and repairs, it will have such work performed only by qualified persons who are satisfactory to LESSOR.
OPERATION: LESSEE agrees that the equipment shall be used solely in the conduct of LESSEE’s business and within LESSEE’s possession and under its control, that said equipment is to be used solely by the LESSEE or his employees and for the purposes for which it was intended, that said equipment will be operated only by competent employees of LESSEE and shall not be used beyond its normal capacity. When equipment is not in use, it will be kept in a protected area.
LIABILITY AND INSURANCE: LESSEE shall be liable for all expenses, personal injury and property damages and claims arising out of its possession, operator transportation of the equipment herein described and shall hold LESSOR and its assigns harmless therefrom. The LESSEE further agrees to protect the LESSOR with full liability insurance coverage, such insurance to cover loss, injury death or damage occasioned or caused by or in connection with the equipment, and that such insurance shall be in an amount and issued by an insurance company satisfactory to LESSOR and shall further protect LESSOR against public liability of any and every kind. All such insurance shall contain an agreement of the insurance company not to cancel the same until at least ten (10) days notice to LESSOR and its assigns. LESSEE shall promptly deliver to LESSOR evidence of said insurance.
INSURANCE: LESSEE shall keep the equipment insured against all risks of loss or damage by fire and such other risks as are covered by endorsement commonly known as supplemental or extended coverage for not less that the market value of the equipment; and shall carry public liability and property damage insurance covering the equipment in the amounts of not less than $500,000.00 in respect to bodily injury or death to any one person, not less than $500,000.00 in respect to any one accident, and not less than $500,000.00 in respect to property damage. All such insurance shall insure both LESSOR and LESSEE. The LESSEE may affect such coverages under its blanket policies. All such policies shall be written by companies presently insuring the LESSEE or other companies reasonable to the LESSOR and certificates showing such coverages to be in effect shall be furnished to LESSOR upon request. Each insurer shall agree, by endorsement upon the certificate or certificates insured by it by independent instrument furnished to LESSOR, that it will give LESSOR thirty (30) days written notice before the policy in question shall be altered or canceled and that any proceeds shall be paid jointly to the LESSOR and LESSEE as their interest may appear. The proceeds of such insurance, at the option of LESSOR, shall be applied (a) toward the replacement, restoration or repair of the equipment or (b) toward payment of the obligations of LESSEE hereunder.
SUB-LEASING: The LESSEE shall have no right to sub-lease the said equipment nor remove it from the State specified in this contract without the written consent of the LESSOR.
TITLE: Title to the equipment shall at all times be vested in the LESSOR unless transferred to the LESSEE through sale. The LESSEE shall give LESSOR immediate notice of any levy attempted upon said equipment or if said equipment from any cause becomes liable to seizure, and to indemnity LESSOR against all loss and damages caused by any such action.
DEFAULT: If the LESSEE shall fail to make any rental payment when due, shall attempt to sell or encumber any interest in equipment, shall cease doing business as a going concern, shall institute or have instituted against him any proceedings under any bankruptcy of insolvency law, shall make an assignment for benefit of creditors or shall fail to comply with any other pro-vision of this lease, or if any attachment, execution, writ, etc. or other process is levied against the equipment or any of LESSEE’s property, or if for any reason LESSOR deems itself unsafe, the LESSOR may immediately and without notice declare the entire balance of the rental payments due an payable together with all expenses of collection by suit or otherwise, including reasonable attorney fees. If any of the above events shall occur, LESSEE agrees to sur- render possession of the equipment on demand and LESSOR may enter upon LESSEE’s premises to the full extent allowed by law and take possession thereof.
TAXES: LESSEE shall pay all taxes whatsoever by whomsoever payable (other than Federal or State income taxes of LESSOR) on or relating to the equipment leased hereunder and the purchase, sale, rental, use or operation thereof. LESSEE shall reimburse to LESSOR, upon demand, as additional rent, the amount or amounts of any such costs and taxes paid by LESSOR. It is the intent of the Agreement that LESSOR shall receive the rent hereunder as a net return on the equipment leased hereunder.
COMPLIANCE WITH LAWS: The LESSEE agrees to comply with and conform to all Municipal, State and Federal laws relating to the operation of said equipment and to pay all costs and expenses of every character occasioned by or involving the use or operation of the equipment.
- LESSEE agrees that LESSOR may assign this Lease, and all right, title and interest of LESSOR in and to the equipment, and all rents due to become due to LESSOR hereunder (of which assignment LESSEE hereby waives notice) and LESSEE agrees to recognize such assignment. LESSEE’s obligation to pay rent under this Lease shall not as to any such assignee by subject to any such assignee by subject to any diminution or right of setoff, counterclaim or recoupment whatsoever arising out of any breach of any obligation of the LESSOR hereunder or by reason of any other liability at any time owing by the LESSOR to the LESSEE.
- LESSEE shall not assign this Lease or any rights hereunder or to the items of equipment.
GENERAL: Time is of the essence of this Lease. LESSOR’s failure at any time to require strict performance by LESSEE of any of the provisions of this Lease shall not waive or diminish LESSOR’s right thereafter to demand strict compliance therewith or with any other provisions. Waiver of any default shall not waive any other default. The remedies in this Lease provided in favor of LESSOR shall be available to its successors and assigns and shall not be deemed exclusive, but shall be cumulative, and shall be in addition to all other remedies in its or their favor existing at law or in equity.