Hyundai Construction Equipment, Co., Ltd. (“HCE”) hereby extends each end-user customer (“Customer”), who purchases a new HCE equipment (“Product”) from an authorized HCE dealer (“Dealer”) Subject to the exceptions and limitations set forth below, HCE, through authorized HCE dealer, will repair or replace any part of a new Product, or new part which proves to be defective in material or workmanship within the following periods (the “Warranty Period”):
The Warranty Period shall commence immediately upon delivery of said Product to the Customer whichever comes first, as shown by the delivery information on this Certificate. The foregoing limited Warranty shall include the standard (recognized shop manual) labor cost to accomplish the repair or replacement of the defective part provided that the repair or replacement is performed by an authorized HCE Dealer.
This warranty does not apply, but not limited, to:
Normal consumable items
Normal wearing parts
Defects and /or functional problems attributable to
HCE obligation or liability shall not include :
Damage caused by any casualty loss for which insurance coverage is available (whether or not an insurance claim is filed), or any accidents, misuse, negligence, or uninsured casualty type loss, environmental conditions, war or civil unrest, negligence or abuse, “Acts of God”, theft, or vandalism, work environment, force majeure or extreme environmental conditions, or similar items deemed, at the sole and absolute discretion of HCE, to be outside of its control.
The following conditions apply:
DISCLAIMER OF IMPLIED WARRANTIES AND LIMITATION OF REMEDIES
THE FOREGOING WARRANTY TO CUSTOMER IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT ANY SUCH DISCLAIMER IS PROHIBITED BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD OF THE EXPRESS WARRANTY.
THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO CUSTOMER UNDER THIS WARRANTY ARE LIMITED TO MAKING A CLAIM UNDER THE FOREGOING WARRANTY AND ARE EXPRESSLY LIMITED TO REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT OR PART, AND TO OBTAINING THE PARTS AND LABOR IN ACCORDANCE WITH THE TERMS OF SAID WARRANTY. ALL OTHER REMEDIES ARE EXPRESSLY DISCLAIMED AND WAIVED BY CUSTOMER BY CUSTOMER’S PURCHASE OF THE PRODUCT.
Additional Limitations of Liability
Warranty – Disclaimers - Limitations
Limitations of Liability and Damages
Regardless of whether a claim is based on the foregoing Warranty or is an action in contract, tort (negligence or strict liability) or otherwise, the liability of HCE for losses, damages or expenses of any kind arising from the design, manufacture, repair or sale of the Products is limited, unless otherwise prohibited by law, to an amount not exceeding the cost of performing the repair or replacements obligations contained in the foregoing Warranty, and in no event shall their respective or joint liability exceed the value of the Product or part thereof giving rise to such liability.
Consequential and Similar Damages are NOT Recoverable
Except for performing the obligations of the foregoing Warranty in accordance with its terms, neither HCE nor its authorized Dealer shall have any liability for loss, damage, or expense, directly or indirectly, attributable to a loss of use of a Product, loss or damage to property other than the Product, loss or damage to the Product or any part thereof or any other economic or commercial loss, including, without limitation, lost profits or special or consequential damages (except liability for any type of consequential damages
which by law may not be disclaimed). The parties intend that this prohibition against consequential and similar damages will survive and be effective even if the limitations or remedies in the foregoing sections are found to fail of their essential purpose under section 2-719 of the Uniform Commercial Code.
Statute of Limitations
Any action by a Customer for breach of contract, for breach of Warranty arising under, or for a cause of action arising out of the sale of a Product, whether based on contract, tort (negligence or strict liability) or otherwise, shall be commenced within one (1) year after the cause of action has accrued. Any such cause of action shall be deemed to have accrued at the earlier of (i) the discovery of the defect or breach, or (ii) the expiration of the applicable Warranty Period.
The undersigned acknowledges receipt of a copy of the foregoing warranty, and by signing, it confirms that the parties had a chance to review the warranty and have any questions answered.