Warranty
Chapter 2: Warranty
Limited Warranty
What does the Limited Warranty cover?
The ultimate purchaser/user (“you”), by acceptance of seller Capstan Ag Systems, Inc.’s, (“our,” “we,”
or “us”) product, assume all risk and liability of the consequences of any use or misuse by you, your
employees, or others.
All replacement components furnished under this warranty, but shipped before the failed component
is returned for evaluation, will be invoiced in the usual manner and warranty adjustments will be
made after the component claimed to be defective has been returned to and inspected and deemed
defective by us at our factory.
Upon determining that a component has failed under warranty, the repaired component or
replacement component, furnished under this warranty, will be shipped at our expense, to your
location. We will credit you an amount equal to the incoming freight you paid. We shall not be
responsible for installation costs. (You shall be responsible for all customs and brokerage fees for all
international transactions.)
If the component does not prove to be defective, you shall be liable for all freight, inspection, and
handling costs. In no event will any claim for labor or incidental or consequential damages be
allowed for removing or replacing a defective product. Warranty will be denied on any component
which has been subject to misuse, abuse, accidents, or alterations, or to improper or negligent use,
maintenance, storage, transportation, and handling.
Our liability under this warranty, or for any loss or damage to the components whether the claim is
based on contract or negligence, shall not, in any case, exceed the purchase price of the components
and upon the expiration of the warranty period all such liability shall terminate. The foregoing shall
constitute your exclusive remedy and our exclusive liability.
The terms of this warranty do not in any way extend to any product which was not manufactured by
us or one of our affiliates.
While necessary maintenance or repairs on your CapstanAG product can be performed by any
company, we recommend that you use only authorized CapstanAG dealers. Improper or incorrectly
performed maintenance or repair voids this warranty.
The foregoing warranty is exclusive and is in lieu of all other warranties expressed or implied. We
shall not be liable for any incidental or consequential damages resulting from any breach of warranty.
Your exclusive remedy for breach of warranty shall be repair or replacement of defective
component(s): Provided, if the component(s) are incapable of being repaired or replaced, your
exclusive remedy shall be credit issued, but such credit shall not exceed the purchase price of the
components.
On any claim of any kind, including negligence, our liability for any loss or damage arising out of, or
from the design, manufacture, sale, delivery, resale, installation, technical direction of installation,
inspection, repair, operation of use of any products shall in no case exceed the purchase price
allocable to the components.
In no event, whether as a result of breach of contract or warranty or alleged negligence, shall we
be liable for incidental or consequential damages, including, but not limited to: personal injury, loss
of profits or revenue, loss of use of equipment or any associated equipment, cost of capital, cost of
substitute equipment, facilities or services, downtime costs, environmental damage, crop losses, or
claims of customers of you for such damages.
©2021 Capstan Ag Systems, Inc. 9PinPoint™III ENVELOP
