TM 5-3820-276-10-1
0002
Laibe makes no other warranties, expressed or implied, and Laibe specifically disclaims all other expressed and
implied warranties, including, without limitation, the implied warranty of merchantability and the implied warranty
of fitness for particular purpose and any warranty relating to infringement or the like.
WARRANTY
Subject to the other terms and conditions contained in this Warranty, Laibe warrants to Purchaser that the
Equipment and parts thereof will be free from defects in material and workmanship (except minor defects of
0.00 or less) for a period of the lesser of six (6) months after the date of delivery of the Equipment to
Purchaser or 500 hours (the "Warranty Period"). To be valid, any Warranty claim must (1) be made in writing to
Laibe at 1414 Bates Street, Indianapolis, Indiana 46201, Attention: Chief Executive Officer, (2) set forth the
Warranty claim in detail, and (3) be received by Laibe no later than the end of the Warranty Period, and any
Warranty claim that fails to meet all the above requirements shall be null and void and of no force or effect. No
person or entity, other than Purchaser, shall have the benefit of the Warranty and the Warranty may not be
assigned to any other person or entity (whether by operation of law or otherwise) without the written consent of
Laibe and any such assignment shall be null and void and of no force or effect.
NOTICE AND PROCESSING OF WARRANTY CLAIM
Laibe reserves the right to inspect the Equipment and parts thereof to determine the validity of the Warranty claim
and if determined to be valid solely by Laibe, Laibe will, at its option, repair or replace the Equipment or parts
thereof subject to the valid Warranty claim. Laibe s obligation under this Warranty shall be limited solely and
exclusively to repair or replace the Equipment or parts thereof (at Laibe s option) and Laibe shall have no other
liability or obligation of any kind. Laibe shall repair or replace the Equipment or parts thereof only at Laibe s facility
in Indianapolis, Indiana or at any other location directed by Laibe. Purchaser shall pay all costs relating to the
transportation of the Equipment and any part thereof. Any repair or replacement of the Equipment or parts thereof
to any location other than Laibe s facility in Indianapolis, Indiana shall be subject to Laibe s then current charges
for off-site Warranty claims which may include, without limitation, all cost of travel and housing of individuals
performing the repair or replacement. If Purchaser requests repair or replacement work to be performed outside
of the hours of 8:00 a.m. to 5:00 p.m., EST, Monday through Friday (excluding holidays), then Purchaser shall
pay Laibe s then current charges for overtime Warranty work. Any repair or replacement of the Equipment or any
part thereof will continue to be warranted under this Warranty only for the remainder of the Warranty Period.
WARRANTY EXCLUSIONS
Notwithstanding the foregoing, the following are not covered by and are excluded from the Warranty and, as such,
Laibe provides no warranty, expressed or implied, with respect to the following (the applicability of each shall be
determined solely by Laibe):
Components of the Equipment and/or any parts not manufactured by Laibe ("Third Party Parts") which
may include, but not be limited to, truck chassis, carriers, engines, tires, hydraulic pumps, hydraulic
motors, and rotary screw compressors. If any Third Party Parts are warranted to Laibe by the person or
entity who manufactured such Third Party Parts and if Laibe is permitted by the terms of such warranty to
assign such warranty to Purchaser then Laibe shall assign such warranty to Purchaser. Purchaser
acknowledges and agrees that Laibe shall be under no obligation to negotiate with or obtain the
permission of the manufacturer of the Third Party Parts to the assignment of such warranty to Purchaser
and Laibe s sole obligation shall be to assign (if assignable by its terms) any such warranty relating to
such Third Party Parts to Purchaser. In the event Purchaser has the benefit of any warranty on Third
Party Parts, Purchaser agrees to make any and all warranty claims with respect to the Third Party Parts
directly with the manufacturer thereof (and copy Laibe) and Laibe shall have no obligation to assist in
such claim or provide any such warranty.
Components of the Equipment and/or any parts that are not part of Laibe s standard design or are
supplied pursuant to Purchaser s special requirements.
Equipment and/or any part thereof which is subject to wear and tear or consumed by the normal
operation or use thereof including, but not limited to, v-belts, electrical bulbs, wiper blades, filters,
lubricants, and batteries.
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02/13/2013root(descwp)wpno(G00006)
