Miller RUNNING GEAR Operator's Manual - Page 21

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warrants new Running Gear to be free from defects in material and

Miller-St. Nazianz, Inc.

workmanship under recommended use and service, as stated in the Operator's Manual,

as follows:

Base Warranty. Miller will replace, F.O.B. St. Nazianz, Wisconsin, or repair, as

Miller elects, any part of a new Running Gear which is defective in material or

workmanship:

(a)

without charge for either parts or labor during the first year

following delivery to the original retail customer; and

(b)

without charge for parts only (not labor) during the second

year following delivery to the original retail customer.

The warranty period for equipment used for commercial, industrial, lease, rental and

custom operation or any non-agricultural use is limited to 90 days from date of delivery

to the first retail purchaser.

All warranties on the new running gear shall apply only to the original retail purchaser from

an authorized dealer.

Repair Parts

Miller warrants that it will replace, F.O.B. St. Nazianz, Wisconsin, or repair, as Miller elects,

without charge, any genuine Miller spare part purchased after the expiration of the new

running gear warranty, or to any subsequent owners, that is defective in material or

workmanship, within ninety (90) days of the installation date.

Misuse

The provisions of this warranty shall not apply to any running gear which has been subject

to misuse, negligence, alteration or accident, or which shall have been repaired with parts

other than those obtainable through Miller.

Authorized Dealer

Repairs eligible for labor warranty must be made by Miller or an authorized dealer. The

purchaser is responsible for transportation of the equipment to the dealership for warranty

service or for any service call expense.

Exclusive Effect of Warranty and Limitation of Liability

The remedies of the customer set forth herein are exclusive. Miller neither assumes nor

authorizes any person to assume any other obligation or liability in connection with the sale

of covered equipment. Correction of defects and malfunctions in the manner and for the

applicable period of time provided above, shall constitute fulfillment of all responsibilities

of Miller to the customer and Miller shall not be liable for negligence, under contract, or in

any other manner with respect to such equipment. IN NO EVENT SHALL THE OWNER

BE ENTITLED TO RECOVER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH

AS BUT NOT LIMITED TO. LOSS OF CROPS, LOSS OF PROFITS OR REVENUE, OTHER

COMMERCIAL LOSSES, INCONVENIENCE OR COST OF RENTAL OF REPLACEMENT

EQUIPMENT.

THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PURPOSE OR OTHER WARRANTIES, EXPRESS OR IMPLIED.

Warranty Requirements

To be covered by warranty, each machine must be properly registered with Miller within 30

days of date of original retail delivery.