LIMITED WARRANTY

 

       Diedrich Drill, Inc., 5 Fisher Street, LaPorte, Indiana 46350(DDI) warrants to the original purchaser of its' drilling equipment, and to anyone to whom it is tranferred, the the equipment shall be free from defects in materials and workmanship during the 120 day period running from the date of the purchase.

       DDI's obligation under this warranty is specifically limited to replacing or repairing the equipment (or its' parts) which are shown by DDI's examination to be in a defective condition attributable to DDI. To qualify for this limited warranty, you must return the equipment to DDI, at 5 Fisher Street, LaPorte, Indiana 46350, within a reasonable time after discovery of the defect. DDI will examine the equipment. If DDI determines that there is a defect attributable to it, DDI will correct the problem within a reasonable time. If the equipment is covered by this limited warranty, DDI will assume the expenses of repair.

       If any defect attributable to DDI under this limited warranty cannot be reasonably cured by repair or replacement, DDI may elect to refund to you the purchase price of the equipment, less reasonable depreciation, in complete discharge of its' obligations under this limited warranty. If DDI makes this election, claimant shall return the equipment to DDI free and clear of any liens or encumbrances.

       This is a limited warranty. The original purchaser of the equipment, any person to whom it was transferred, and any person who is an intended or unintended beneficiary of the equipment, shall not be entitled to recover from DDI any consequential or incidental damages for injury to person and/or property resulting from any defective equipment manufactured by DDI. It is agreed and understood that the price stated for the equipment is in part consideration for limiting DDI's liability. Some states do not allow the exclusion or the limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

       DDI shall have no obligation under this limited warranty if the equipment is, or has been, misused or neglected (including failure to provide reasonable maintenance) or if there have been accidents to the equipment or if it has been repaired or altered by someone else.

       DDI EXPRESSLY LIMITS WITH RESPECT TO THE EQUIPMENT ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE TO THE 120 DAY WARRANTY PERIOD. AFTER THE 120 DAY WARRANTY PERIOD EXPIRES, DDI EXPRESSLY DISCLAIMS WITH RESPECT TO THE EQUIPMENT  ALL IMPLIED WARRANTIES OF MERCHANTABILTY AND ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OF ANY NATURE MADE BY DDI BEYOND THAT STATED IN THIS DOCUMENT. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

       This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.