Warranty
This Limited Warranty Policy (this "Warranty") is issued by Crowe Equipment, Inc. and applies solely and exclusively to those rebuilt parts and components, used parts and components, and new parts and components expressly identified by Crowe Equipment, Inc. as covered at the time of sale, in each case subject to the terms, conditions, limitations, and exclusions set forth herein. The original purchaser of a covered part or component shall be referred to in this Warranty as the "Customer." Unless Crowe Equipment, Inc. expressly agrees otherwise in a written instrument executed by an authorized representative, this Warranty shall commence on the invoice date applicable to the covered part or component.
Limited Warranty Coverage
| Covered Product | Warranty Period |
|---|---|
| Rebuilt parts and components | 6 months or 1,000 meter hours, whichever occurs first* |
| Used parts and components | 30 days* |
| New parts (excluding electronics) | 30 days* |
*Warranty applies only to warrantable products outlined at time of sale.
Conditions of Warranty
- 1. The Customer must thoroughly clean the corresponding oil system, including installation of a new oil cooler.
- 2. The component must be installed by a factory-trained mechanic or technician.
- 3. At the time of installation, all necessary adjustments must be made, and pump pressures and torque converter inlet and outlet pressures must be checked and recorded.
- 4. Oil samples must be taken at fifty (50) and two hundred (200) hours, or thirty (30) and ninety (90) days, whichever occurs first.
- 5. The machine hour meter reading at installation must be reported to Crowe Equipment, Inc. within thirty (30) days after purchase.
The Customer’s strict compliance with each of the foregoing conditions shall be a condition precedent to any obligation of Crowe Equipment, Inc. under this Warranty. Any failure by the Customer to satisfy, perform, or document any such condition shall render this Warranty null and void and of no further force or effect.
Non-Transferability and Parts-Only Limitation
This Warranty is personal to the Customer, is not assignable or transferable, and may be enforced only by the Customer. No subsequent purchaser, transferee, lessee, operator, or other user of the covered component shall have any rights under this Warranty. This is a parts-only warranty. Crowe Equipment, Inc. shall not be responsible for any costs of installation, removal, shipping, diagnostics, downtime, loss of use, or replacement labor unless expressly agreed to in writing.
This Warranty is void if the part or component is opened, dismantled, serviced, or altered by anyone other than Crowe Equipment, Inc. without prior written approval from Crowe Equipment, Inc.
Exclusions
This Warranty shall not apply, and Crowe Equipment, Inc. shall have no liability or obligation hereunder, if any of the following circumstances exists or occurs:
- - The component or part is used or serviced in a manner that is not considered normal use or normal service.
- - The component or part is improperly installed, maintained, or lubricated.
- - The component or part is damaged by overload, abuse, misuse, neglect, faulty installation, contamination, aeration, cavitation, or external system failures, including damage caused by other parts or components.
- - The component or part has been dismantled, modified, or altered.
- - The component or part is not used for the manufacturer’s intended purpose.
- - The component or part continues to be used after symptoms of failure appear.
Warranty Claim Procedure
As a condition precedent to any warranty claim, the Customer shall provide Crowe Equipment, Inc. with written notice of the alleged defect promptly upon discovery and, in all events, prior to the expiration of the applicable warranty period. The Customer shall furnish proof of purchase, a reasonably detailed description of the alleged defect, operating hours, service and maintenance records, required oil sample documentation, and such other information or supporting materials as Crowe Equipment, Inc. may reasonably request in connection with its review of the claim. Crowe Equipment, Inc. shall be afforded a reasonable opportunity to inspect the part or component prior to any repair, disassembly, alteration, return, or disposal. If Crowe Equipment, Inc. requires return of the part or component for inspection, testing, or evaluation, such return shall be made at the Customer’s sole cost and expense. No claim shall be valid or enforceable if the part or component is discarded, altered, disassembled, repaired, or otherwise rendered unavailable for inspection without the prior written consent of Crowe Equipment, Inc.
Limitation of Liability
Crowe Equipment, Inc. shall have the sole, exclusive, and final authority to determine, in its reasonable discretion, whether any claim is covered under this Warranty. In the event Crowe Equipment, Inc. determines that a claim is covered, the sole and exclusive remedies available to the Customer, and the sole obligation of Crowe Equipment, Inc. under this Warranty, shall be limited, at Crowe Equipment, Inc.’s election, to one of the following remedies:
- - Repair of the defective part/component.
- - Replacement of the defective part/component with a comparable unit.
- - Issuance of a credit for the defective component or part in an amount not exceeding the original invoice price.
Any part or component replaced pursuant to this Warranty shall immediately become the property of Crowe Equipment, Inc., and any replacement part or component furnished hereunder shall be warranted only for the unexpired portion of the original applicable warranty period. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CROWE EQUIPMENT, INC. SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF TIME, LOSS OF USE, LOSS OF PROFITS OR REVENUE, DAMAGE TO PERSON OR PROPERTY, COSTS OF COVER, LABOR COSTS, REMOVAL OR REINSTALLATION COSTS, TRANSPORTATION COSTS, OR ATTORNEYS’ FEES AND COSTS, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE REMEDIES SET FORTH IN THIS WARRANTY ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES.
Governing Law
This Warranty, and any dispute, controversy, or claim arising out of or relating to this Warranty, the sale of any covered part or component, or the relationship of the parties, shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to any choice-of-law or conflict-of-laws rules that might otherwise require the application of the laws of another jurisdiction.