EXCEL GRAIN DRYERS LIMITED WARRANTY
For a period of one (1) year from the commissioning of the equipment on site, Superior Grain Equipment, herein known as Superior, will repair or replace in the company’s sole discretion, FOB from the factory in Kindred, North Dakota, any parts that Superior deems to be defective due to workmanship or material. All warranty repairs and service must be performed by an authorized Superior technician.
- This limited warranty does not cover parts that wear due to normal operating conditions and that need to be replaced at normal intervals.
- Products not manufactured by Superior are covered by their manufacturer’s warranty only.
- This warranty is in lieu of all other warranties, expressed or implied, including merchantability and fitness for a particular purpose.
- You must obtain a “Return Authorization” form from Superior prior to returning any defective products. Those products must be returned, freight-prepaid, to Superior’s Kindred, North Dakota location at 5069 168th Avenue SE, Kindred, ND 58051.
- Superior reserves the right to make changes or improvements to products without incurring any obligation with respect to previously manufactured products.
- Failure to follow the instructions contained in the operators manual, as well as the existence of any of the conditions listed below, will cause this Limited Warranty to be null and void:
- Improper Assembly
- Improper Installation, including power and wiring and any gas installations
- Unauthorized alterations of the product or the components therein
- Operation of the unit when repairs are required
- Use of unauthorized parts
- Operation by children or untrained personnel
- Processing of materials that are unsuited for processing in this equipment
- Misuse of the equipment or any of its components
- Damage due to negligence, abuse, or accidents
- This warranty does not apply to any costs, repairs, or services for the following:
- Service Calls to correct the installation of the Covered Product, or to explain the usage of the product to the buyer beyond the initial commissioning.
- Corrective Work necessitated by repairs made by anyone other than a Superior Manufacturing authorized service technician.
WAIVER OF LIABILITY
Any unauthorized alterations to any system on this equipment, including but not limited to control panel and gas train, will void the Limited Warranty and will transfer all liability to the buyer. Alterations of any kind must be submitted in writing to Superior and will be approved or denied at the company’s discretion. Other conditions may apply. Approval of alteration does not constitute liability being withheld by Superior.
LIMITATION OF LIABILITY
Buyer agrees that in no event shall Superior have liability for direct damages in excess of the contract price of the goods for which the claim is made
Any controversy or dispute of whatever nature between Superior and the original purchaser shall be settled by arbitration, if in Superior’s sole discretion, Superior shall choose arbitration. In the event that Superior choose arbitration, each side shall select one arbitrator, and those arbitrators shall select a third arbitrator. The matter will be heard by the panel of three arbitrators and the decision is by the majority vote of the arbitrators. Any award granted in arbitration may be entered into any court having jurisdiction thereof. The decision of the arbitrators shall be final, conclusive, and shall not be appealed. With respect to such arbitration: (a) all questions as to the meaning of the above clause, or as to the arbitrability of any dispute under said clause shall be resolved by the arbitrators, and their decision thereon shall be binding and not subject to judicial review; (b) this arbitration clause is intended to be severable. If any term or provision hereof, in general or with respect to a specific situation is deemed to be illegal and invalid for any reason whatsoever, such illegality and validity shall not affect the validity of the remainder of this warranty.
In the event Superior chooses to litigate any matter in lieu or arbitration, venue to settle sub-litigation shall be in the State Courts of North Dakota, Cass County, ND
Buyer further agrees that in no event shall Superior have liability for loss of use, loss of profits, or for any indirect, incidental, or consequential damages on any claim of any kind.