Mensch Limited Warranty
- What Products Are Covered. Subject to the terms of this Limited Warranty, Mensch Manufacturing, L.L.C. (“Mensch”) warrants to the original end user (“Original End User”) that, during the warranty period described below, the equipment, parts, components and other items manufactured by Mensch (each, a “Warranted Item”) will be free from defects in materials and workmanship that substantially affect the operation or performance of the Warranted Item. Mensch does not provide a warranty for products (including components and parts) that are not manufactured by Mensch (such as engines, axles and hydraulic parts), although such products may be warranted by the applicable manufacturer. Mensch does not provide a warranty for wear parts.
- Warranty Period. The warranty period begins on the date the Original End User takes delivery of a Warranted Item or the date of first use of the Warranted Item, whichever is earlier. For Warranted Items that are not self-propelled, the warranty period expires 12 months after the warranty begins. For Warranted Items that are self-propelled, the warranty period expires upon the earlier of (i) 12 months after the warranty begins, or (ii) 2,000 hours of use.
- Conditions to Limited Warranty. Routine maintenance specified in the applicable Mensch manual(s) must be performed timely in order to maintain warranty coverage.
- What Mensch Manufacturing Will Do Under This Limited Warranty. Mensch’s sole and exclusive obligation under this Limited Warranty is limited to, at Mensch’s option, repairing a Warranted Item, replacing such Warranted Item with a new or re-manufactured Warranted Item, or refunding the purchase price of the Warranted Item.
- How to Obtain Warranty Coverage. In order to make a claim for warranty coverage, you must (i) if requested by Mensch, properly register the Warranted Item (or the equipment/machine including the Warranted Item where the Warranted Item is a part or component) with Mensch unless you have already completed registration; (ii) return the allegedly defective Warranted Item to your dealer (or Mensch, if you purchased the Warranted Item from Mensch and not a dealer) and provide pictures before the expiration of the applicable warranty period; and (iii) if requested by Mensch, provide proof of proper maintenance. All warranty claims are subject to Mensch’s approval.
- This Limited Warranty Does NOT Include or Cover the Following:
- Labor, removal, reinstallation, shipping costs or travel
- Routine maintenance or adjustments
- Normal wear and tear
- Wear parts (including but not limited to welded auger assemblies, chains, tracks, bolts on cutting edges, scraper replacement rubber, vacuum suction hoses, joysticks, UHMW plastic sides, etc.).
- Damages or loss caused in whole or in part by any of the following: neglect, accident, abnormal use or abuse, improper service, alterations or repairs not performed by Mensch, alteration or removal of parts, improper installation, inadequate maintenance, or use of an accessory or part not manufactured or sold by Mensch.
- Damage or loss to vehicles, structures, or any objects or items other than the Warranted Item.
- EXCLUSIONS, DISCLAIMERS AND OTHER AGREEMENTS.
- A. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, MENSCH MAKES NO WARRANTIES WITH RESPECT TO THE WARRANTED ITEMS OR ANY OTHER PRODUCTS SOLD BY MENSCH. MENSCH DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR CLARITY, MENSCH MAKES NO WARRANTY WITH RESPECT TO ANY PRODUCT THAT IS NOT MANUFACTURED BY MENSCH.
- B. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY SHALL BE THE ORIGINAL END USER’S SOLE AND EXCLUSIVE REMEDY AND MENSCH’S ENTIRE LIABILITY RELATED TO ANY ALLEGED OR ACTUAL BREACH OF WARRANTY FOR ANY WARRANTED ITEM OR ANY OTHER PRODUCT SOLD BY MENSCH. IN THE EVENT THERE IS A FAILURE OF ESSENTIAL PURPOSE UNDER THIS LIMITED WARRANTY, THEN MENSCH’S LIABILITY FOR A CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID TO MENSCH FOR THE WARRANTED ITEM(S) THAT ARE THE SUBJECT OF SUCH CLAIM.
- C. No dealer, re-seller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty unless made in writing and signed by Mensch’s president.
- D. This Limited Warranty is not transferrable by the Original End User to any subsequent purchaser or transferee. However, on any resale or other transfer of any Warranted Item or other product sold by Mensch, the Original End User agrees to, and shall, require the purchaser/transferee to contractually agree that, to the extent that such purchaser/transferee has any rights or remedies against Mensch, (i) such rights and remedies shall not be greater than the Original End User’s rights and remedies under this Limited Warranty; and (ii) the exclusions and limitations of liability set forth in this Limited Warranty shall apply to such purchaser/transferee.
- E. UNDER NO CIRCUMSTANCES WILL MENSCH BE LIABLE FOR ANY LOSS OF USE, LOST PROFITS, LOST REVENUE OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR OTHER SPECIAL DAMAGES ARISING OUT OF OR RELATED TO THE WARRANTED ITEMS OR ANY OTHER PRODUCTS SOLD BY MENSCH. FURTHER, MENSCH’S LIABILITY WITH RESPECT TO ANY CLAIM ARISING OUT OF OR RELATED TO EACH WARRANTED ITEMS OR OTHER PRODUCT SOLD BY MENSCH SHALL NOT EXCEED THE PURCHASE PRICE THAT WAS PAID TO MENSCH FOR THE WARRANTED ITEMS OR OTHER PRODUCT THAT IS THE SUBJECT OF THE CLAIM.
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Mensch Manufacturing, L.L.C.
2333 S. M-37 HWY
Hastings MI 49058
Tel: 1.269.945.5300
Rev. 1.0, 9/2024