Chief Industries, Inc. ("Chief"), warrants to the original purchaser for five (5) years from the date of
initial delivery to the original purchaser of the new steel container chassis ("Chassis") to be free from defects in materials and workmanship, when properly maintained and used in normal service. "Normal service" means usage in the manner and for the purposes for which such goods are generally purchased and utilized and also means (unless different capabilities are plainly stated on the face hereof) the loading, unloading and carriage of uniformly distributed legal loads of noncorrosive cargo, properly secured, in a manner which does not subject the Chassis to strains or impacts greater than normally imposed by lawful use on well-maintained public roads, with gross vehicle weights which do not exceed the gross vehicle weight rating (GVWR) specified on the Chassis identification plate affixed to the Chassis by the Manufacturer prior to delivery.
Chief's sole obligation under this warranty shall be limited to the repair or replacement, at its option, any defective part of the Chassis which is the result of defective material and/or defective workmanship of parts furnished and installed by Chief. This warranty will expire five (5) years from the date of delivery, as reflected in Chief's records. Repairs under this warranty shall be at repair facilities at Seller's option. Cost of transport of the Chassis to the Chief approved repair facility shall be at the purchaser's sole cost and expense.
The warranty herein does not apply to, and Chief makes no warranties, expressed or implied, with respect to:
1) Parts, accessories, or other goods manufactured by others which are specified by customer or installed as result of customer's requirements. Chief will assign to purchaser any warranties extended to Chief by the makers or suppliers of such goods.
2) Used goods delivered hereunder, regardless of manufacturer, all of which are delivered "AS IS".
3) Those components of any goods which, after delivery hereunder have been repaired or altered by anyone other than Chief or its authorized service representatives.
4) Light bulbs, electrical receptacles, brake linings, brake drums, tires, wheels, sheet metal, aluminum, paint, trim and appearance items resulting from the use and exposure to the elements.
LIMITATIONS OF MANUFACTURER'S LIABILITY
Chief and Purchaser agree that Chief shall have no liability for any cargo loss, loss of use or any other incidental or consequential damages arising out of the use and ownership of the Chassis or which are alleged to have been caused by the Chassis.
The obligations set forth in the second paragraph of this Limited Warranty are the SOLE AND EXCLUSIVE REMEDIES available from Chief in the event of problems with the Chassis. Chief will not be liable for any special, incidental or consequential damages whether based on breach of warranty, breach of contract, negligence, strict liability in tort or any other legal theory.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.