Calibre Contracting Equipment Limited and Calibre Contracting Equipment Pty Ltd
Calibre Contracting Equipment Limited (New Zealand Warranty) and Calibre Contracting Equipment Pty Ltd (Australian Warranty) hereafter referred to as “CCE” warrants all CCE product as follows-
- to be free from material and manufacturing defects for a period of 3 years or 3000 machine hours, which ever comes first
- all other CCE manufactured parts for a period of 6 months (180 days) or 1000 service hours, which ever occurs first,
from the date of delivery by CCE to the End User or OEM/Dealer (“the Customer”) as the case may be.
This warranty extends to the OEM/Dealer purchasing the CCE product from Calibre during ownership by the OEM/ Dealer– and where that OEM/Dealer on sells to an End User as a new machine – the End User so purchasing from the OEM/Dealer shall also be able to rely on the Calibre Warranty provided that the End User enters into a separate CCE Warranty with Calibre. For the avoidance of doubt, in the case of CCE product sold to the OEM/Dealer with the intention of on sale to an End User, for the End User to be able to rely on these Warranty provisions a separate CCE Warranty Agreement must be entered into and signed between CCE and the End User.
Upon receipt of a claim from a Customer with supporting evidence and following inspection by CCE during the warranty period, any attachment or part manufactured by CCE is proven to be defective in material and/or workmanship, CCE shall repair or arrange for the repair and / or full or partial replacement of such attachment or part providing the attachment or part was installed and operated in accordance with CCE’s currently published instructions.
Any attachment or part repaired or replaced under the terms of this warranty policy shall retain the warranty period pertaining to the product’s original date of purchase.
- This policy does not cover machinery parts or accessories that are warranted directly to the end user by third party manufacturers, for example hydraulic cylinders, hoses, valves, or any other portions of hydraulic kits used in CCE products but not manufactured directly by it. Failure to follow CCE’s or the third-party manufacturer’s recommendations for oil pressure and flow ratings on hydraulic components will invalidate all warranty claims relating to both the attachment and the hydraulic components of the attachments.
- CCE shall not be responsible for any problems associated with hose fittings, damage or malfunction after installation regardless of cause.
- This policy does not extend to those attachments or parts that have been altered or repaired by others without the express written authorization of CCE. Nor does it apply to any CCE products or parts, which in CCE’s opinion, have been subjected to or adversely affected by operator misuse, inappropriate application, accident, negligence, improper installation, improper maintenance or improper storage.
- CCE accepts no responsibility whatsoever for the suitability or otherwise of the carrier machine or other equipment to which a CCE attachment may be mounted upon or fitted to.
- CCE shall not be held liable for injury or damage caused to any person, place or machine by reason of the installation, use or mechanical failure of any CCE product/attachment.
- General product wear and tear or pins and bushings wear and tear are not eligible for warranty claims.
- CCE specifically disclaims any implied warranty of Merchantable Quality and/or any implied warranties of fitness for a particular purpose.
- CCE shall not be liable for any incidental or consequential loss, damages or expenses, arising directly or indirectly from the product or parts, whether such claim is based upon breach of contract, breach of warranty, negligence, strict liability in tort or any other legal theory. Without limiting the generality of the foregoing, CCE specifically disclaims any damages relating to (i) lost profits, business, revenue or goodwill; (ii) any expense or loss incurred for labor, supplies, substitute machinery or rental; or (iii) any other type of damage to property or economic loss.
No agent, representative, dealer, distributor, service person, or employee of any company, including CCE – its authorized dealers, distributors and service centers – is authorized to alter, modify or enlarge this Warranty or make any exemptions in respect of it.
At its option, CCE may repair or arrange for the repair and/or full or partial replacement of a defective part or attachment. Any repair work may be carried out at CCE’s own premises, at the location of an authorised Service Agent/Dealer Workshop, on the site at which the part or attachment is being used, or at any other location that CCE considers appropriate under the circumstances.
Under the terms of this warranty, without CCE’s specific written agreement stating otherwise, CCE’s obligations are limited to the repair or full or partial replacement of the defective item(s) and do not include any costs, direct or indirect, associated with the removal or reinstallation of the attachment or part on the carry machine. This is the responsibility of the Customer.
CCE warrants that any repair work carried out by it directly shall be conducted in a timely and professional manner. Where a third party is engaged to carry out repair work in connection with a CCE warranty claim, CCE’s obligation and liability shall be limited to a refund of the authorised reimbursable costs charged in connection with the provision of such work.
Without CCE’s specific written agreement stating otherwise, the Customer is responsible for the proper and normal installation, operation and maintenance of a CCE-supplied attachment or part, including any hydraulic components or fittings.
The Customer is also responsible for notifying CCE as soon as it identifies a defect or non-compliance that may potentially be subject to a claim under this policy and for following CCE’s published Warranty Claim Procedure.
The Customer must follow the maintenance schedule as outlined in the manual.
The Customer is responsible for returning the attachment and /or parts comprised in the warranty claim to CCE within 30 days after any defect or non-compliance has been reported to CCE, with transportation charges prepaid by the Customer. In the event of failure of the Customer to return the attachment or parts, CCE shall have the right to recover from the Customer the full costs incurred in meeting the warranty claim including, but not limited to, the cost of the parts, the labor costs, transportation and all other incidental costs.