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HomeMy WebLinkAbout310.204a - 2015 Smeal 100-Foot Aerial Platform Manufacturer RecordsMANUFACTURER’S RECORDS NOTES This page has a form field attached so you can electronically add notes for your unit. 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Smeal Fire Apparatus Co. warrants to each original purchaser that the waterway, including the waterway seals, are free of defects in design and workmanship for a period of one (1) year, starting thirty (30) days after the original invoice date. All or any parts, resulting from faulty material or workmanship, shall be replaced at no charge to the purchaser for a period of one (1) year. This warranty shall consist of parts replacement only. Labor costs and shipping costs shall be the responsibility of the original purchaser. Backflush of the waterway after each use and the standard ten hour interval service is required to validate this warranty. 2. Smeal Fire Apparatus Co. reserves the right to make changes in the design of and/or improvements on its products, or to change specifications and materials as it may deem desirable at any time without imposing any obligation on itself to make corresponding changes or improvements in or on its products theretofore manufactured. Only the waterway and waterway seals from above the water swivel to the connection at the monitor and components manufactured by Smeal Fire Apparatus Co. are bound by this warranty. 3. Smeal reserves the right to thoroughly examine the apparatus or any parts thereof which are claimed to be defective and Smeal’s obligation pursuant to this warranty shall be limited to the repair or replacement of the structural component or components which Smeal determines to have structurally failed due to defective manufacture, design, or workmanship. All repairs must be expressly approved in writing by Smeal’s warranty department. The failure to obtain approval for repairs from Smeal, or to have the apparatus or item repaired or replaced at Smeal or a place designated by Smeal shall void this warranty. Any repair or replacement performed by Smeal pursuant to this warranty shall be warranted under this warranty only for the duration of the original warranty. 4. This warranty is nontransferable and terminates upon transfer of ownership or possession of the apparatus from the original purchaser to any other third party or entity. 5. Smeal’s obligation to render any performance under this warranty is subject to the following conditions: a) The original purchaser must provide documentation to the satisfaction of Smeal that the aerial waterway has been backflushed after each use and the 10 hour maintenance has been performed on the aerial device. b) The claimed failure must manifest itself during the warranty period; c) The original purchaser must notify Smeal in writing of the claimed failure within thirty (30) days after the claimed failure manifests itself to the original purchaser; d) The claimed defective apparatus or item must be returned to Smeal or Smeal’s designee immediately after notification of Smeal with transportation charges prepaid, unless otherwise directed by Smeal. Smeal shall have the unconditional right to thoroughly examine the claimed failures, including the apparatus and any part thereof, prior to conducting, or approving any repair or replacement to determine whether the claimed failure is covered by this warranty. The failure of Smeal to conduct any such examination shall not be deemed to be a waiver of its right to deny warranty coverage. 6. This warranty is effective only under normal use and conditions. In addition, this warranty does not cover: a) Damage or corrosion due to improper use, improper maintenance, unauthorized alterations to the structure or repairs, chemical deterioration, accidents, acts of God, or operation beyond rated capacity; or b) Any liability for direct or indirect damages of delays resulting from an failures, including, but not limited to, special, incidental, or consequential damages, loss of use, and loss of profits; or c) The cost of transporting original purchaser’s apparatus or item to or from any repair facility. At the request of Smeal, any allegedly defective vehicle shall be returned to Smeal by the purchaser for examination and/or repair. The purchaser shall be responsible for the cost of transportation, and for the risk of loss of or damage to the vehicle during such transportation. d) Ordinary maintenance services or adjustments; or e) Metal deformities, including buckling or material bending, unless the same was caused by the structural failure of a structural component. 7. This warranty is absolutely void if Smeal determines that the apparatus or any item has been misused, neglected, altered, overloaded, loaded beyond specified compartment weight limits, loaded to a state of excessive imbalance, or damaged. In addition this warranty is void if Smeal determines that the original purchaser has misrepresented or concealed any material fact in connection with this warranty claim or that the vehicle or item has been damaged in an accident or act of God, or that the failure is attributable to any use by the original customer which is contrary to the intended use for which the product was manufactured or designed by Smeal. 8. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE FOR A PARTICULAR PURPOSE AND ALSO INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THIS WARRANTY IS FURTHER IN LIEU OF ALL OTHER REPRESENTATIONS TO THE ORIGINAL PURCHASER AN ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION OR LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. SMEAL NEITHER GIVES, ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO GIVE OR ASSUME ANY OTHER WARRANTY, OBLIGATION, OR LIABILITY ON SMEAL’S BEHALF, UNLESS EXPRESSLY GIVEN OR ASSUMED IN WRITING BY SMEAL. 9. PERFORMANCE OF REPAIRS OR REPLACEMENT OR PARTS UNDER THE TERMS SET FORTH HEREIN ARE THE EXCLUSIVE REMEDIES AFFORDED TO THE BUYER AND NEITHER SMEAL NOR ANY OF ITS DISTRIBUTORS OR AGENTS SHALL BE LIABLE FOR ANY BREACH OF WARRANTY IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE DEFECTIVE APPARATUS, EQUIPMENT, OR ITEM. THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED, OR VARIED EXCEPT BY WRITTEN AGREEMENT SIGNED BY SMEAL AND THE ORIGINAL PURCHASER. 10. Smeal reserves the right to make changes in the design of and/or improvements on its products or to change specifications on material as it may deem desirable at any time without imposing any obligations on itself to make corresponding changes or improvements in or on its products theretofore manufactured. Only the Smeal apparatus and its components manufactured by Smeal are bound by this warranty. Components of other manufacturers are covered only by such warranties set forth by the component manufacturer. OptionID:W01640 Warrantyassignedto:  ShopOrderNumber:    Basic Limited Parts & Labor Warranty Smeal Installed Purchased Parts Three (3) Years 1. Smeal Fire Apparatus Company (“Smeal”) warrants to each original purchaser only that the Smeal apparatus is free of defects in material and workmanship for a period of three (3) years, beginning on the 30th day from the invoice date for the completed apparatus. 2. Smeal’s sole obligation under this warranty is limited to the repair or replacement, as determined by Smeal, without charge to the original purchaser, which repairs shall be performed solely by Smeal at its principal place of business or at a repair facility selected by Smeal. This warranty only covers the repair or replacement of purchased components which are reasonably necessary, as determined by Smeal. Any labor, time, or amounts that are in excess of those reasonably necessary or deemed to be excessive by Smeal are not covered under this warranty. All repairs must be expressly approved in writing by the Smeal warranty department. The failure to obtain approval for repairs from Smeal or to have the apparatus or item repaired or replaced at Smeal or a place designated by Smeal shall void this warranty. Any repair or replacement performed by Smeal pursuant to this warranty shall be warranted under this warranty only for the duration of the original warranty at time of sale. 3. This warranty is nontransferable and terminates upon transfer of ownership, lease, or disposition of the apparatus from the original purchaser to any other person or entity. 4. Smeal’s obligation to render any performance under this warranty is subject to the following conditions: a) The claimed defect must manifest itself during this defined warranty period; b) The original purchaser must notify Smeal in writing of the claimed defect within thirty (30) days after the claimed Smeal or Smeal’s designee immediately after notification of Smeal. Smeal shall have the unconditional right to thoroughly examine the claimed defects, including the apparatus and any part thereof, prior to conducting or approving any repair or replacement to determine whether the claimed defect is covered by this warranty. The failure of Smeal to conduct any such examination shall not be deemed to be a waiver of its right to deny warranty coverage c) Notwithstanding anything to the contrary herein, Smeal makes no warranty whatsoever as to (a) any integral parts, components, attachments or trade accessories of or to the vehicle that are installed on and/or supplied by the chassis, such as but not necessarily limited to axles, chassis frame, engines, transmissions, alternators. d) Notwithstanding anything to the contrary herein, Smeal shall warrant, both replacement of defective part and associated labor, for (a) any integral parts, components, attachments or trade accessories of or to the vehicle that are attached or installed on the vehicle, by Smeal that is a part of the fire package, apparatus body, or aerial if applicable for the ninety (90) day period described within this document. Any and all failed components and/or parts must be returned to Smeal as stated within this document. 5. This warranty is effective only under normal use and conditions. In addition, this warranty does not cover: a) Damage or corrosion due to improper use, improper maintenance, unauthorized alterations to the apparatus or repairs, chemical deterioration, accidents, or acts of God, or operation beyond rated capacity; or b) Any liability for direct or indirect damages or delays resulting from any defects, including but not limited to, special, incidental or consequential damages, loss of use, and loss of profits; or c) The cost of transporting original purchaser’s apparatus or item to or from any repair facility. At the request of Smeal, any allegedly defective vehicle shall be returned to Smeal by the purchaser for examination and/or repair. The purchaser shall be responsible for the cost of transportation, and for the risk of loss of or damage to the vehicle during such transportation. d) Ordinary maintenance services or adjustments; or e) Replacement of any ordinary maintenance items, including but not limited to, filters, screens, lubricants, and light bulbs; or f) Any item which is manufactured by any person or entity other than Smeal that is separately warranted in any manner by said person or entity. 6. This warranty is absolutely void if Smeal determines that the apparatus or any item has been misused, neglected, altered, overloaded, loaded to a state of excessive imbalance, or damaged. In addition this warranty is void if Smeal determines that the original purchaser has misrepresented or concealed any material fact in connection with this warranty claim or that the apparatus or item has been damaged in an accident or an act of God, or that the defect is attributable to any use by the original customer of the product which is contrary to the intended use for which the product was manufactured or designed by Smeal. Also, any disturbance of a painted surface due to mounting of any type of equipment by anyone other than Smeal shall be cause for void of warranty. 7. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE FOR A PARTICULAR PURPOSE AND ALSO INCLUDES, BUT NOT LIMITED TO, WARRANTIES IS FURTHER IN LIEU OF ALL OTHER REPRESENTATIONS TO THE ORIGINAL PURCHASER AND ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION OR LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SMEAL NEITHER GIVES, ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO GIVE OR ASSUME ANY OTHER WARRANTY, OBLIGATION OR LIABILITY ON SMEAL’S BEHALF, UNLESS EXPRESSLY GIVEN OR ASSUMED IN WRITING BY SMEAL. 8. PERFORMANCE OF REPAIRS OR REPLACEMENT OF PARTS UNDER THE TERMS SET FORTH HEREIN ARE THE EXCLUSIVE REMEDIES AFFORDED TO THE BUYER AND NEITHER SMEAL NOR ANY OF ITS DISTRIBUTORS OR AGENTS SHALL BE LIABLE FOR ANY BREACH OF WARRANTY IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE DEFECTIVE APPARATUS EQUIPMENT OR ITEM. THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED, OR VARIED EXCEPT BY WRITTEN AGREEMENT SIGNED BY SMEAL AND THE ORIGINAL PURCHASER. 9. Smeal reserves the right to make changes in design of and/or improvements on its products or to change specifications on materials as it may deem desirable at any time without imposing any obligations on itself to make corresponding changes or improvements in or on its products theretofore manufactured. Only the Smeal apparatus and its components manufactured by Smeal are bound by this warranty. Components of other manufacturers are covered only by such warranties set forth by the component manufacturer. Any surety bond, if required, shall apply only to the basic one (1) year warranty and not to any other extended warranty or warranties made by Smeal or any of Smeal’s suppliers. OptionID:W03400 Warrantyassignedto:  ShopOrderNumber:    Basic Limited Parts & Labor Warranty Smeal Fabricated Parts Three (3) Years 1. Smeal Fire Apparatus Company (“Smeal”) warrants to each original purchaser only that the Smeal apparatus is free of defects in material and workmanship for a period of three (3) years, beginning on the 30th day from the invoice date for the completed apparatus. 2. Smeal’s sole obligation under this warranty is limited to the repair or replacement, as determined by Smeal, without charge to the original purchaser, which repairs shall be performed solely by Smeal at its principal place of business or at a repair facility selected by Smeal. This warranty covers only portions of the Fire Apparatus that are manufactured by Smeal. This warranty covers only labor for repair or replacement which is reasonably necessary, as determined by Smeal, to make the repair or replacement deemed necessary by Smeal. Any labor, time, or amounts that are in excess of those reasonably necessary or deemed to be excessive by Smeal are not covered under this warranty. All repairs must be expressly approved in writing by the Smeal warranty department. The failure to obtain approval for repairs from Smeal or to have the apparatus or item repaired or replaced at Smeal or a place designated by Smeal shall void this warranty. Any repair or replacement performed by Smeal pursuant to this warranty shall be warranted under this warranty only for the duration of the original warranty. 3. This warranty is nontransferable and terminates upon transfer of ownership, lease, or disposition of the apparatus from the original purchaser to any other person or entity. 4. Smeal’s obligation to render any performance under this warranty is subject to the following conditions: a) The claimed defect must manifest itself during the warranty period; b) The original purchaser must notify Smeal in writing of the claimed defect within thirty (30) days after the claimed defect manifests itself to the original purchaser; and c) The claimed defective item or items must be returned to Smeal or Smeal’s designee immediately after notification of Smeal with transportation charges prepaid, unless otherwise directed by Smeal. Smeal shall have the unconditional right to thoroughly examine the claimed defects, including the apparatus and any part thereof, prior to conducting or approving any repair or replacement to determine whether the claimed defect is covered by this warranty. The failure of Smeal to conduct any such examination shall not be deemed to be a waiver of its right to deny warranty coverage. d) Notwithstanding anything to the contrary herein, Smeal makes no warranty whatsoever as to (a) any integral parts, components, attachments or trade accessories of or to the vehicle that are not manufactured by Smeal, including but not limited to any and all components installed on and supplied by the chassis, such as but not necessarily limited to axles, chassis frame, engines, transmissions, alternators. e) Notwithstanding anything to the contrary herein, Smeal shall warrant, both replacement of defective part and associated labor, for (a) any integral parts, components, attachments or trade accessories of or to the vehicle that are manufactured and installed on the vehicle by Smeal that is a part of the fire package, apparatus body, or aerial, if applicable, for the warranty period described within this document. Any and all failed components and/or parts must be returned to Smeal as stated within this document. 5. This warranty is effective only under normal use and conditions. In addition, this warranty does not cover: a) Any and all parts and/or components purchased by Smeal from a supplier/vendor and which are properly installed on or affixed to the apparatus by Smeal during the manufacturing of the apparatus. b) Damage or corrosion due to improper use, improper maintenance, unauthorized alterations to the apparatus or repairs, chemical deterioration, accidents, or acts of God, or operation beyond rated capacity; or c) Any liability for direct or indirect damages or delays resulting from any defects, including but not limited to, special, incidental or consequential damages, loss of use, and loss of profits; or d) The cost of transporting original purchaser’s apparatus or item to or from any repair facility. At the request of Smeal, any allegedly defective vehicle shall be returned to Smeal by the purchaser for examination and/or repair. The purchaser shall be responsible for the cost of transportation, and for the risk of loss of or damage to the vehicle during such transportation. e) Ordinary maintenance services or adjustments; or f) Replacement of any ordinary maintenance items, including but not limited to, filters, screens, lubricants, and light bulbs; or g) Any item which is manufactured by any person or entity other than Smeal that is separately warranted in any manner by said person or entity. 6. This warranty is absolutely void if Smeal determines that the apparatus or any item has been misused, neglected, altered, overloaded, loaded to a state of excessive imbalance, or damaged. In addition this warranty is void if Smeal determines that the original purchaser has misrepresented or concealed any material fact in connection with this warranty claim or that the apparatus or item has been damaged in an accident or an act of God, or that the defect is attributable to any use by the original customer of the product which is contrary to the intended use for which the product was manufactured or designed by Smeal. Also, any disturbance of a painted surface due to mounting of any type of equipment by anyone other than Smeal shall be cause for void of warranty. 7. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE FOR A PARTICULAR PURPOSE AND ALSO INCLUDES, BUT NOT LIMITED TO, WARRANTIES IS FURTHER IN LIEU OF ALL OTHER REPRESENTATIONS TO THE ORIGINAL PURCHASER AND ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION OR LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SMEAL NEITHER GIVES, ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO GIVE OR ASSUME ANY OTHER WARRANTY, OBLIGATION OR LIABILITY ON SMEAL’S BEHALF, UNLESS EXPRESSLY GIVEN OR ASSUMED IN WRITING BY SMEAL. 8. PERFORMANCE OF REPAIRS OR REPLACEMENT OF PARTS UNDER THE TERMS SET FORTH HEREIN ARE THE EXCLUSIVE REMEDIES AFFORDED TO THE BUYER AND NEITHER SMEAL NOR ANY OF ITS DISTRIBUTORS OR AGENTS SHALL BE LIABLE FOR ANY BREACH OF WARRANTY IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE DEFECTIVE APPARATUS EQUIPMENT OR ITEM. THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED, OR VARIED EXCEPT BY WRITTEN AGREEMENT SIGNED BY SMEAL AND THE ORIGINAL PURCHASER. 9. Smeal reserves the right to make changes in design of and/or improvements on its products or to change specifications on materials as it may deem desirable at any time without imposing any obligations on itself to make corresponding changes or improvements in or on its products theretofore manufactured. Only the Smeal apparatus and its components manufactured by Smeal are bound by this warranty. Components of other manufacturers are covered only by such warranties set forth by the component manufacturer. Any surety bond, if required, shall apply only to the basic one year warranty and not to any other extended warranty or warranties made by Smeal or any of Smeal’s suppliers. OptionID:W03500 Warrantyassignedto:  ShopOrderNumber:    Aerial Hydraulic Leak-Free Limited Warranty Smeal Manufactured Parts Three (3) Years 1. Smeal Fire Apparatus Company (“Smeal”) warrants to each original purchaser only that the Smeal aerial hydraulic connections (tube/hose and port end) is free of defects in material and workmanship and leak free for a period of three (3) years beginning on the 30th day from the invoice date for the completed apparatus. x Hose assemblies are covered for a period of one (1) year x In addition, stainless steel hydraulic piping and fittings are covered for a period of three (3) years to be leak free 2. Smeal’s sole obligation under this warranty is limited to the repair or replacement, as determined by Smeal, without charge to the original purchaser, which repairs shall be performed solely by Smeal at its principal place of business or at a repair facility selected by Smeal. This warranty covers only labor for repair or replacement, which is reasonably necessary, as determined by Smeal, to make the repair or replacement deemed necessary by Smeal. Any labor, time, or amounts that are in excess of those reasonably necessary or deemed to be excessive by Smeal are not covered under this warranty. All repairs must be expressly approved in writing by Smeal’s warranty department. The failure to obtain approval for repairs from Smeal or to have the apparatus or item repaired or replaced at Smeal or a place designated by Smeal shall void this warranty. Any repair or replacement performed by Smeal pursuant to this warranty shall be warranted under this warranty only for the duration of the original warranty. 3. This warranty is nontransferable and terminates upon transfer of ownership, lease, or disposition of the apparatus from the original purchaser to any other person or entity. 4. Smeal’s obligation to render any performance under this warranty is subject to the following conditions: a) The claimed defect must manifest itself during the warranty period; b) The original purchaser must notify Smeal in writing of the claimed defect within thirty (30) days after the claimed defect manifests itself to the original purchaser; and c) The claimed defective item or items must be returned to Smeal or Smeal’s designee immediately after notification of Smeal with transportation charges prepaid, unless otherwise directed by Smeal. Smeal shall have the unconditional right to thoroughly examine the claimed defects, including the apparatus and any part thereof, prior to conducting or approving any repair or replacement to determine whether the claimed defect is covered by this warranty. The failure of Smeal to conduct any such examination shall not be deemed to be a waiver of its right to deny warranty coverage. 5. This warranty is effective only under normal use and conditions. In addition, this warranty does not cover: a) Damage or corrosion due to improper use, improper maintenance, unauthorized alterations to the apparatus or repairs, chemical deterioration, accidents, or acts of God, or operation beyond rated capacity; or b) Any liability for direct or indirect damages or delays resulting from any defects, including but not limited to, special, incidental or consequential damages, loss of use, and loss of profits; or c) The cost of transporting original purchaser’s apparatus or item to or from any repair facility. At the request of Smeal, any allegedly defective vehicle shall be returned to Smeal by the purchaser for examination and/or repair. The purchaser shall be responsible for the cost of transportation and for the risk of loss of or damage to the vehicle during such transportation. d) Ordinary maintenance services or adjustments; or e) Replacement of any ordinary maintenance items, including but not limited to, filters, screens, lubricants, and light bulbs; or f) Any item which is manufactured by any person or entity other than Smeal that is separately warranted in any manner by said person or entity. 6. This warranty is absolutely void if Smeal determines that the apparatus or any item has been misused, neglected, altered, overloaded, loaded beyond specified compartment weight limits, loaded to a state of excessive imbalance, or damaged. In addition this warranty is void if Smeal determines that the original purchaser has misrepresented or concealed any material fact in connection with this warranty claim or that the apparatus or item has been damaged in an accident or by an act of God, or that the defect is attributable to any use by the original customer of the product which is contrary to the intended use for which the product was manufactured or designed by Smeal. Also, any disturbance of a painted surface due to mounting of any type of equipment by anyone other than Smeal Fire Apparatus. 7. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE FOR A PARTICULAR PURPOSE AND ALSO INCLUDES, BUT NOT LIMITED TO, WARRANTIES IS FURTHER IN LIEU OF ALL OTHER REPRESENTATIONS TO THE ORIGINAL PURCHASER AND ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION OR LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SMEAL NEITHER GIVES, ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO GIVE OR ASSUME ANY OTHER WARRANTY, OBLIGATION OR LIABILITY ON SMEAL’S BEHALF, UNLESS EXPRESSLY GIVEN OR ASSUMED IN WRITING BY SMEAL. 8. PERFORMANCE OF REPAIRS OR REPLACEMENT OF PARTS UNDER THE TERMS SET FORTH HEREIN ARE THE EXCLUSIVE REMEDIES AFFORDED TO THE BUYER AND NEITHER SMEAL NOR ANY OF ITS DISTRIBUTORS OR AGENTS SHALL BE LIABLE FOR ANY BREACH OF WARRANTY IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE DEFECTIVE APPARATUS EQUIPMENT OR ITEM. THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED, OR VARIED EXCEPT BY WRITTEN AGREEMENT SIGNED BY SMEAL AND THE ORIGINAL PURCHASER. 9. Smeal reserves the right to make changes in design of and/or improvements on its products or to change specifications on materials as it may deem desirable at any time without imposing any obligations on itself to make corresponding changes or improvements in or on its products theretofore manufactured. Only the Smeal apparatus and its components manufactured by Smeal are bound by this warranty. Components of other manufacturers are covered only by such warranties set forth by the component manufacturer. OptionID:W03600 Warrantyassignedto:  ShopOrderNumber:    Paint and Corrosion Limited Warranty Smeal Painted Parts Seven (7) Years Paint / Ten (10) Years Corrosion 1. The warranty period shall begin on the 30th day from the invoice date for the completed apparatus. 2. Except as provided below, for a period of seven (7) years after delivery to the original purchaser, Smeal Fire Apparatus Co. (“Smeal”) warrants to the end user that its body is free of blistering, peeling, or any other adhesion defect caused by defective manufacturing methods or paint material selection for exterior surfaces of the body of this vehicle. This limited warranty shall apply only if the vehicle is properly maintained and used in service which is normal to the particular vehicle. Normal service means service which does not subject the vehicle to stresses or impacts greater than normally result from the careful use of the vehicle. If the buyer discovers a defect or nonconformity it must notify Smeal in writing within thirty (30) days after the date of the discovery. This limited warranty is not transferable by the first user, and is applicable to the vehicle in the following percentage costs of warranty repair, if any: Topcoat Durability & Appearance: Integrity of Coating System: Corrosion: Gloss, Color Retention & Cracking Adhesion, Blistering/Bubbling Dissimilar Metal and Crevice 0-48 months 100% 0-36 months 100% 0-36 months 100% 49-60 months 50% 37-48 months 50% 37-48 months 50% 61-84 months 25% 49-84 months 25% 49-72 months 25% 73-84 months 10% 3. This limited warranty applies only to the body exterior paint. Paint on the vehicle’s undercarriage, and body interior (line-x coating included), or aerial structure related paint, if applicable, is warranted only under the Smeal Basic One Year Limited Warranty. 4. In addition to the foregoing, and subject to all terms and conditions of this limited warranty, except cost allocations, Smeal warrants its body exterior paint for a period of ten (10) years against corrosion perforation. 5. Smeal makes no warranty whatsoever as to: (a) integral parts, components, attachments or trade accessories not manufactured by Smeal, but instead, the applicable warranties, if any, of the respective manufacturers thereof shall apply; (b) any vehicle, chassis, or component, part, attachment or accessory damaged by misuse, neglect or accident; (c) any vehicle chassis or component, part, attachment or accessory shall have been repaired, altered or assembled in any way by others than Smeal which, in the sole judgment of Smeal, affects the performance, stability or purpose for which it was manufactured; and (d) products or parts which are not defective but which may wear out and have to be replaced during the warranty period. Smeal assumes no responsibility for the assembly of its parts or sub-assembly into finished products unless the assembly is performed by Smeal. Warranty Inclusions: • Peeling or delamination of the topcoat and/or other layers of paint. • Cracking or checking. • Excessive loss of gloss caused by cracking, checking or hazing. Warranty Exclusions: • Paint deterioration caused by blisters or other film degradation due to rust or corrosion originating from the substrate • Hazing, chalking or loss of gloss caused by improper care, abrasive polishes, cleaning agents, heavy-duty pressure washing, or aggressive mechanical wash systems. • Paint deterioration caused by abuse, scratches, chips, gloss reduction, accidents, acid rain, chemical fallout or acts of nature. • Claims presented without proper Warranty documentation. In addition, this warranty does not cover: The cost of transporting original purchaser’s apparatus or item to or from any repair facility. At the request of Smeal, any allegedly defective vehicle shall be returned to Smeal by the purchaser for examination and/or repair. The purchaser shall be responsible for the cost of transportation, and for the risk of loss of or damage to the vehicle during such transportation. 6. DISCLAIMERS OF WARRANTIES: THE WARRANTIES SET FORTH IN PARAGRAPH 1 ARE THE EXCLUSIVE WARRANTIES GIVEN BY SMEAL. SMEAL HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 7. BUYER’S REMEDIES: If the product fails to conform to the warranties set forth in paragraph 1 and such nonconformity is not due to misuse or improper maintenance, buyer shall notify Smeal as provided in paragraph 1, and shall make the product available for inspection by Smeal or its designated agent. At the request of Smeal, any defective vehicle shall be returned to Smeal for examination and/or repair. The cost of such transportation will be the responsibility of the buyer. Within a reasonable time, Smeal shall repair or replace any nonconforming or defective paint component. THIS REMEDY SHALL BE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY. 8. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES: IN NO EVENT SHALL SMEAL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE OR INABILITY TO USE THE PRODUCT OF FROM DEFECTS IN THE PRODUCT OR FROM THE NEGLIGENCE OF SMEAL OR FROM TORT. This exclusion applies regardless of whether such damages are sought for breach of warranty, breach of contract, negligence or strict liability in tort or under any other legal theory. OptionID:W07200 Warrantyassignedto:  ShopOrderNumber:    Structural Body Integrity Limited Warranty Smeal Manufactured Parts Ten (10) Years 1. Smeal Fire Apparatus Company (“Smeal”) warrants that the body of each newly constructed apparatus which is manufactured by Smeal shall be free of structural or design failure or workmanship for a period of ten (10) years or 100,000 miles, beginning on the 30th day from the invoice date for the completed apparatus. 2. This warranty shall only cover tubular support, water tank cradle support, body/pump house mount structures, and other structural components as set forth in Smeal’s body specifications. 3. Smeal reserves the right to thoroughly examine the apparatus or any parts thereof which are claimed to be defective and Smeal’s obligation pursuant to this warranty shall be limited to the repair or replacement of the structural component or components which Smeal determines to have structurally failed due to defective manufacture, design, or workmanship. This repair or replacement shall be without charge to the original purchaser and Smeal shall have the sole right to elect whether the apparatus or items shall be repaired or replaced, which repairs shall be performed solely by Smeal at its principal place of business or at a repair facility selected by Smeal. This warranty covers only labor for repair or replacement which is reasonably necessary, as determined by Smeal, to make the repair or replacement deemed necessary by Smeal. Any labor, time or amounts which are in excess of those reasonably necessary or deemed to be excessive by Smeal are not covered under this warranty. All repairs must be expressly approved in writing by Smeal’s Warranty department. The failure to obtain approval for repairs from Smeal or to have the apparatus or item repaired or replaced at Smeal or a place designated by Smeal shall void this warranty. Any repair or replacement performed by Smeal pursuant to this warranty shall be warranted under this warranty only for the duration of the original warranty. 4. This warranty is nontransferable and terminates upon transfer of ownership or possession of the apparatus from the original purchaser to any other third party or entity. 5. Smeal’s obligation to render any performance under this warranty is subject to the following conditions: a) The claimed failure must manifest itself during the warranty period. b) The original purchaser must notify Smeal in writing of the claimed failure within thirty (30) days after the claimed failure manifests itself to the original purchaser. c) The claimed defective apparatus or item must be returned to Smeal or Smeal’s designee immediately after notification of Smeal with transportation charges prepaid, unless otherwise directed by Smeal. Smeal shall have the unconditional right to thoroughly examine the claimed failures, including the apparatus and any part thereof, prior to conducting or approving any repair or replacement to determine whether the claimed failure is covered by this warranty. The failure of Smeal to conduct any such examination shall not be deemed to be a waiver of its right to deny warranty coverage. 6. This warranty is effective only under normal use and conditions. In addition, this warranty does not cover: a) Damage or corrosion due to improper use, improper maintenance, unauthorized alterations to the structure or repairs, chemical deterioration, accidents, acts of God or operation beyond rated capacity; or b) Any liability for direct or indirect damages or delays resulting from any failures, including but not limited to, special, incidental, or consequential damages, loss of use, and loss of profits; or c) The cost of transporting original purchaser’s apparatus or item to or from any repair facility. At the request of Smeal, any allegedly defective vehicle shall be returned to Smeal by the purchaser for examination and/or repair. The purchaser shall be responsible for the cost of transportation and for the risk of loss of or damage to the vehicle during such transportation. d) Non-structural cracks or breakage; or e) Metal deformities, including buckling or material bending, unless the same was caused by the structural failure of a structural component. 7. This warranty is absolutely void if Smeal determines that the apparatus or any item has been misused, neglected, altered, overloaded, loaded to a state of excessive imbalance, or damaged. In addition this warranty is void if Smeal determines that the original purchaser has misrepresented or concealed any material fact in connection with this warranty claim or that the apparatus or item has been damaged in an accident or act of God or that the failure is attributable to any use by the original customer which is contrary to the intended use for which the product was manufactured or designed by Smeal. 8. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE FOR A PARTICULAR PURPOSE AND ALSO INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THIS WARRANTY IS FURTHER IN LIEU OF ALL OTHER REPRESENTATIONS TO THE ORIGINAL PURCHASER AND ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION OR LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. SMEAL NEITHER GIVES, ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO GIVE OR ASSUME ANY OTHER WARRANTY, OBLIGATION OR LIABILITY ON SMEAL’S BEHALF, UNLESS EXPRESSLY GIVEN OR ASSUMED IN WRITING BY SMEAL. 9. Smeal reserves the right to make changes in the design of and/or improvements on its products or to change specifications on material as it may deem desirable to any item without imposing any obligations on itself to make corresponding changes or improvements in or on its products theretofore manufactured. Only the Smeal apparatus and its components manufactured by Smeal are bound by this warranty. Components of other manufacturers are covered only by such warranties set forth by the component manufacturer. OptionID:W10100 Warrantyassignedto:  ShopOrderNumber:    Plumbing and Piping Limited Warranty Smeal Manufactured Parts Ten (10) Years 1. Smeal Fire Apparatus Company (“Smeal”) warrants to each original purchaser only that the Stainless Steel plumbing piping shall be free from corrosion (perforation) is defined as an actual hole through the piping material caused by corrosion) for a period of ten (10) years, beginning on the 30th day from the invoice date for the completed apparatus. This warranty shall apply only to the piping for the discharges and intakes plumbed to the truck’s main water pump and shall not include the pump or any of its accessories. 2. Smeal’s sole obligation under this warranty is limited to the repair or replacement, as determined by Smeal, without charge to the original purchaser, which repairs shall be performed solely by Smeal at its principal place of business or at a repair facility selected by Smeal. This warranty covers only labor for repair or replacement which is reasonably necessary, as determined by Smeal, to make the repair or replacement deemed necessary by Smeal. Any labor, time, or amounts that are in excess of those reasonably necessary or deemed to be excessive by Smeal are not covered under this warranty. All repairs must be expressly approved in writing by Smeal’s warranty department. The failure to obtain approval for repairs from Smeal or to have the apparatus or item repaired or replaced at Smeal or a place designated by Smeal shall void this warranty. Any repair or replacement performed by Smeal pursuant to this warranty shall be warranted under this warranty only for the duration of the original warranty. 3. This warranty is nontransferable and terminates upon transfer of ownership, lease, or disposition of the apparatus from the original purchaser to any other person or entity. 4. Smeal’s obligation to render any performance under this warranty is subject to the following conditions: a) The claimed defect must manifest itself during the warranty period; b) The original purchaser must notify Smeal in writing of the claimed defect within thirty (30) days after the claimed defect manifests itself to the original purchaser; and c) The claimed defective item or items must be returned to Smeal or Smeal’s designee immediately after notification of Smeal with transportation charges prepaid, unless otherwise directed by Smeal. Smeal shall have the unconditional right to thoroughly examine the claimed defects, including the apparatus and any part thereof, prior to conducting or approving any repair or replacement to determine whether the claimed defect is covered by this warranty. The failure of Smeal to conduct any such examination shall not be deemed to be a waiver of its right to deny warranty coverage. 5. This warranty is effective only under normal use and conditions. In addition, this warranty does not cover: a) Damage or corrosion due to improper use, improper maintenance, unauthorized alterations to the apparatus or repairs, chemical deterioration, accidents, or acts of God, or operation beyond rated capacity; or b) Any liability for direct or indirect damages or delays resulting from any defects, including but not limited to, special, incidental or consequential damages, loss of use, and loss of profits; or c) The cost of transporting original purchaser’s apparatus or item to or from any repair facility. At the request of Smeal, any allegedly defective vehicle shall be returned to Smeal by the purchaser for examination and/or repair. The purchaser shall be responsible for the cost of transportation and for the risk of loss of or damage to the vehicle during such transportation. d) Ordinary maintenance services or adjustments; or 6. This warranty is absolutely void if Smeal determines that the apparatus or any item has been misused, neglected, altered, overloaded, loaded beyond specified compartment weight limits, loaded to a state of excessive imbalance, or damaged. In addition this warranty is void if Smeal determines that the original purchaser has misrepresented or concealed any material fact in connection with this warranty claim or that the apparatus or item has been damaged in an accident or by an act of God, or that the defect is attributable to any use by the original customer of the product which is contrary to the intended use for which the product was manufactured or designed by Smeal. Also, any disturbance of a painted surface due to mounting of any type of equipment by anyone other than Smeal Fire Apparatus. 7. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE FOR A PARTICULAR PURPOSE AND ALSO INCLUDES, BUT NOT LIMITED TO, WARRANTIES IS FURTHER IN LIEU OF ALL OTHER REPRESENTATIONS TO THE ORIGINAL PURCHASER AND ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION OR LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SMEAL NEITHER GIVES, ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO GIVE OR ASSUME ANY OTHER WARRANTY, OBLIGATION OR LIABILITY ON SMEAL’S BEHALF, UNLESS EXPRESSLY GIVEN OR ASSUMED IN WRITING BY SMEAL. 8. PERFORMANCE OF REPAIRS OR REPLACEMENT OF PARTS UNDER THE TERMS SET FORTH HEREIN ARE THE EXCLUSIVE REMEDIES AFFORDED TO THE BUYER AND NEITHER SMEAL NOR ANY OF ITS DISTRIBUTORS OR AGENTS SHALL BE LIABLE FOR ANY BREACH OF WARRANTY IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE DEFECTIVE APPARATUS EQUIPMENT OR ITEM. THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED, OR VARIED EXCEPT BY WRITTEN AGREEMENT SIGNED BY SMEAL AND THE ORIGINAL PURCHASER. 9. Smeal reserves the right to make changes in design of and/or improvements on its products or to change specifications on materials as it may deem desirable at any time without imposing any obligations on itself to make corresponding changes or improvements in or on its products. theretofore manufactured. Only the Smeal apparatus and its components manufactured by Smeal are bound by this warranty. Components of other manufacturers are covered only by such warranties set forth by the component manufacturer. OptionID:W10300 Warrantyassignedto:  ShopOrderNumber:    Aerial Device Structural Integrity Limited Warranty Smeal Manufactured Parts Twenty (20) Years 1. Smeal Fire Apparatus Company (“Smeal”) warrants that the aerial device; which is manufactured by Smeal, shall be free of structural or design failure or workmanship for a period of twenty (20) years or 100,000 miles, beginning on the 30th day from the invoice date for the completed apparatus. 2. This warranty shall only cover structural components identified in the Smeal specifications of its aerial device, including the torque box, stabilizers, turntable, and aerial sections. 3. Smeal reserves the right to thoroughly examine the apparatus or any parts thereof which are claimed to be defective and Smeal’s obligation pursuant to this warranty shall be limited to the repair or replacement of the structural component or components which Smeal determines to have structurally failed due to defective manufacture, design, or workmanship. This repair or replacement shall be without charge to the original purchaser and Smeal shall have the sole right to elect whether the vehicle or items shall be repaired or replaced, which repairs shall be performed solely by Smeal at its principal place of business or at a repair facility selected by Smeal. This warranty covers only labor for repair or replacement which is reasonably necessary, as determined by Smeal, to make the repair or replacement deemed necessary by Smeal. Any labor, time, or amounts which are in excess of those reasonably necessary or deemed to be excessive by Smeal are not covered under this warranty. All repairs must be expressly approved in writing by Smeal’s warranty department. The failure to obtain approval for repairs from Smeal or to have the apparatus or item repaired or replaced at Smeal or a place designated by Smeal shall void this warranty. Any repair or replacement performed by Smeal pursuant to this warranty shall be warranted under this warranty only for the duration of the original warranty. 4. This warranty is nontransferable and terminates upon transfer of ownership or possession of the apparatus from the original purchaser to any other third party or entity. 5. Smeal’s obligation to render any performance under this warranty is subject to the following conditions: a) The original purchaser must provide documentation to the satisfaction of Smeal that the aerial device has been visually inspected and non-destructively tested on a five (5) year basis by an independent testing agency approved by Smeal, pursuant to the criteria of NFPA 1914 in effect at the time of sale to original purchaser. In addition, all testing results or reports must be provided to Smeal’s Customer Service department within thirty (30) days of inspection or testing, otherwise this warranty shall be deemed null and void. b) The claimed failure must manifest itself during the warranty period; c) The original purchaser must notify Smeal in writing of the claimed failure within thirty (30) days after the claimed failure manifests itself to the original purchaser; d) The claimed defective apparatus or item must be returned to Smeal or Smeal’s designee immediately after notification of Smeal with transportation charges prepaid, unless otherwise directed by Smeal. Smeal shall have the unconditional right to thoroughly examine the claimed failures, including the apparatus and any part thereof, prior to conducting or approving any repair or replacement to determine whether the claimed failure is covered by this warranty. The failure of Smeal to conduct any such examination shall not be deemed to be a waiver of its right to deny warranty coverage. 6. This warranty is effective only under normal use and conditions. In addition, this warranty does not cover: a) Damage or corrosion due to improper use, improper maintenance, unauthorized alterations to the structure or repairs, chemical deterioration, accidents, acts of God, or operation beyond rated capacity; or b) Any liability for direct or indirect damages of delays resulting from an failures, including, but not limited to, special, incidental, or consequential damages, loss of use, and loss of profits; or c) The cost of transporting original purchaser’s apparatus or item to or from any repair facility. At the request of Smeal, any allegedly defective vehicle shall be returned to Smeal by the purchaser for examination and/or repair. The purchaser shall be responsible for the cost of transportation and for the risk of loss of or damage to the vehicle during such transportation. d) Non-structural cracks or breakage; or e) Metal deformities, including buckling or material bending, unless the same was caused by the structural failure of a structural component. 7. This warranty is absolutely void if Smeal determines that the apparatus or any item has been misused, neglected, altered, overloaded, loaded to a state of excessive imbalance, or damaged. In addition this warranty is void if Smeal determines that the original purchaser has misrepresented or concealed any material fact in connection with this warranty claim or that the vehicle or item has been damaged in an accident or act of God, or that the failure is attributable to any use by the original customer which is contrary to the intended use for which the product was manufactured or designed by Smeal. 8. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE FOR A PARTICULAR PURPOSE AND ALSO INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THIS WARRANTY IS FURTHER IN LIEU OF ALL OTHER REPRESENTATIONS TO THE ORIGINAL PURCHASER AN ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION OR LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. SMEAL NEITHER GIVES, ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO GIVE OR ASSUME ANY OTHER WARRANTY, OBLIGATION, OR LIABILITY ON SMEAL’S BEHALF, UNLESS EXPRESSLY GIVEN OR ASSUMED IN WRITING BY SMEAL. 9. Smeal reserves the right to make changes in the design of and/or improvements on its products or to change specifications on material as it may deem desirable at any time without imposing any obligations on itself to make corresponding changes or improvements in or on its products theretofore manufactured. Only the Smeal apparatus and its components manufactured by Smeal are bound by this warranty. Components of other manufacturers are covered only by such warranties set forth by the component manufacturer. Structural Repairs Any and all repairs that are considered as “structural repairs” to the aerial structure and related components of the aerial device are to be authorized by Smeal and are to be performed at the Smeal factory, or by an authorized repair facility certified by Smeal for such repairs. Smeal shall have sole discretion as to where the repairs are performed. Any unauthorized repairs performed on the aerial structure or related components, considered to be structural will result in all applicable warranties associated with the aerial structure to become immediately null and void. OptionID:W20620 Warrantyassignedto:  ShopOrderNumber: