5095D1

RAILROAD TIE INSERTER CATERPILLAR 320D EXCAVATOR

Dymax Inc.
402 Miller Drive P. O. Box 297 Wamego, KS 66547 Ph: 800-530-5407 Fx: 785-456-8328

DYMAX WARRANTY
WARRANTY
New Dymax Inc. ("Dymax") warrants to the original purchaser that the following products (the "goods") will be free of defects in material and workmanship. If Dymax finds, upon physical inspection of Goods returned prepaid, and/or upon review of warranty claim including photos with alleged defects noted, that warranted Goods described below are defective in material or workmanship, such Goods will be, at Dymax's option, replaced or repaired. NOTE: All work and returns must be authorized by Dymax prior to any work being performed or returns made. If the end user or dealer or other entity performs work or makes a return without authorization he does so with the understanding that Dymax shall not be obligated for the costs of any such unauthorized expense or actions. The purchaser of any Goods covered by this Warranty understands and agrees that the sole and exclusive remedy against Dymax shall be for the replacement or repair of the defective Goods as provided to herein. All allowances will be paid at dealer cost, with no provisions for overtime, mileage, freight charges or special services, such as downtime. The Dymax selling dealer will be responsible for replacing these parts for the customer and the prepaid return of the defective parts to Dymax. For more specific product information refer to product parts pages. Dymax warrants its products as follows. Tree Shears for Skid Steer Loaders are warranted to be free from structural defects in materials and workmanship for a period of 2 years (24 months) or 1,000 hours, whichever comes first, from the date of original purchase. Working and moving parts consisting of hydraulic cylinders, pivot pins, bearings and blades are warranted for a period of six (6) months or five hundred (500) hours of use. Hydraulic components such as hoses and fittings are guaranteed by the manufacturer to meet or exceed the manufacturer's specifications. Tree Shears for Wheel Loaders, Excavators, Track Loaders are warranted to be free from structural defects in materials and workmanship for a period of one (1) year or five hundred (500) hours of use, whichever comes first, from the date of original purchase. Working and moving parts consisting of hydraulic cylinders, pivot pins, bearings and blades are warranted for a period of six (6) months or five hundred 500) hours of use. Hydraulic components such as hoses and fittings are guaranteed by the manufacturer to meet or exceed the manufacturer's specifications. V-Type Snow Plows are guaranteed for a period of twenty four (24) months or one thousand (1,000) hours of use, whichever occurs first, after the date of initial installation. Standard Dymax Products used under normal conditions are warranted for a period of twelve (12) months or one thousand (1,000) hours of use, whichever occurs first, after the date of initial installation. Specialty/Custom Products may carry warranty provisions other than those specified for standard products. Contact Dymax regarding specific warranty terms and conditions for specialty and custom designed products. Replacement Parts provided under the terms of this Warranty for the remainder of the warranty period applicable to the original product on which the parts have been installed as if such parts were original components of the product

Dymax warranty does not extend or apply to:

defects which in Dymax's judgment are the result of misuse, negligence, accidents or failure to perform regular maintenance services;

products stored or maintained in an unprotected environment for an extended period of time prior to commencement of service; products and component parts not manufactured by Dymax beyond the warranty period provided by the original manufacturer or supplier; products improperly installed, maintained or used not in accordance with all applicable Dymax instructions; goods or component parts that are modified or changed in any way other than by, or as authorized by, Dymax; products used in demolition applications; parts typically considered as wear items (e.g., ground engaging tools, wear pads, skid shoes, pivot pins, hoses).

NOTE: Any claims by the purchaser with reference to the Goods covered by this warranty shall be deemed waived by the purchaser unless submitted in writing to Dymax within thirty (30) days following the date purchaser discovered or by reasonable inspection should have discovered the claimed breach. The foregoing warranty is in lieu of all other warranties, expressed or implied, including those of merchantability or fitness for a particular purpose no expressly set forth herein. No affirmation of Dymax by words or actions other than as set forth herein nor any additional warranty, expressed or implied, given by Dymax to other purchasers of the Goods shall constitute a warranty of the goods hereunder. Dymax's liability (whether based on a theory of breach of contract or warranty, negligence or strict liability) with respect to the Goods shall be limited to the cost of replacement or repair as stated. In no event shall Dymax be liable for consequential damages arising out of or in connection with this warranty including, without limitation, breach of any obligations imposed by Dymax hereunder or in connection herewith. Dymax shall not be liable for any incidental damages. All notices given under or pursuant to this agreement shall be in writing and sent postage prepaid to the party to whom such notice is to be given. No terms or conditions, other than those stated herein and no agreement, understanding, oral and written, in any way purporting to modify this warranty shall be binding on Dymax unless made in writing AND signed by Dymax's authorized representative. This warranty shall be interpreted under the laws of the state of Kansas.

WARRANTY CLAIMS PROCEDURES

Submit on a Dymax warranty claim form and attach a copy of the dealer service ticket. Claim must include a detailed description of the alleged failure. Include Dymax serial number, group number (part number), date purchased, date installed, and hours of use. Include the machine brand and model information, and machine serial number. Include or attach an itemized listing of parts used (part number, description, unit cost, quantity), and an itemized break down of labor hours claimed (operation performed, time), and photographs showing the areas of alleged failure.

WARRANTY AND GOOD WILL CREDIT MEMOS

Upon final review of submitted warranty claims processed under the above Warranty Claim Procedures, Dymax will issue a credit memo to the dealership or customer in the amount of the final approved warranty claim. In some cases this credit memo may be designated as a Good Will credit memo. Warranty credit memos and Good Will credit memos are immediately available for application against any current or future open invoices for purchase of Dymax products. If credit is not used in the 12 months following its issue, Dymax will, upon request by the dealer or customer holding the credit, issue a check to the dealer or customer in the amount of the warranty credit. Good Will credit memos are not eligible for conversion to a check payment. They can only be used as credits against future purchases.

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