9 - Warranty9.1Warranty policy and conditionsHARDI® INC. , 1500 West 76th Street, Davenport, Iowa, USA; 8550 W. Roosevelt Avenue, Visalia, California, USA and 290Sovereign Road, London, Ontario, Canada hereinafter called “HARDI®”, offers the following limited warranty in accordancewith the provisions below to each original retail purchaser of HARDI® new equipment of its own manufacturer, from anauthorized HARDI® dealer, that such equipment is at the time of delivery to such purchaser, free from defects in materialand workmanship and that such equipment will be warranted for a period of one year from the date of delivery to theend user providing the machine is used and serviced in accordance with the recommendations in the Operator’s Manualand is operated under normal farm conditions.1. This limited warranty is subject to the following exceptions:a)Parts of the machine not manufactured by HARDI®, (i.e. engines, tires, tubes, electronic controls, and othercomponents or trade accessories, etc.) are not covered by this warranty but are subject to the warranty of theoriginal manufacturer. Any claim falling into this category will be taken up with the manufacturer concerned.b)This warranty will be withdrawn if any equipment has been used for purposes other than for which it wasintended or if it has been misused, neglected, or damaged by accident, let out on hire or furnished by a rentalagency. Nor can claims be accepted if parts other than those manufactured by HARDI® have been incorporatedin any of our equipment. Further, HARDI® shall not be responsible for damage in transit or handling by anycommon carrier and under no circumstances within or without the warranty period will HARDI® be liable fordamages of loss of use, or damages resulting from delay or any consequential damage.2. We cannot be held responsible for loss of livestock, loss of crops, loss because of delays in harvesting or anyexpense or loss incurred for labor, supplies, substitute machinery, rental for any other reason, or for injuries eitherto the owner or to a third party, nor can we be called upon to be responsible for labor charges, other thanoriginally agreed, incurred in the removal or replacement of components.3. The customer will be responsible for and bear the costs of:a)Normal maintenance such as greasing, maintenance of oil levels, minor adjustments, etc.b)Transportation of any HARDI® product to and from where the warranty work is performed.c)Dealer travel time to and from the machine or to deliver and return the machine from the service workshop forrepair.d)Dealer traveling costs.4. Parts defined as normal wearing items, (i.e. tires and V-belts) are not in any way covered under this warranty.5. This warranty will not apply to any product which is altered or modified without the express written permission ofHARDI® and/or repaired by anyone other than an Authorized Service Dealer.6. Warranty is dependent upon the strict observance by the purchaser of the following provisions:a)That this warranty may not be assigned or transferred to anyone.b)That the Warranty Registration Certificate has been correctly completed by dealer and purchaser with theirnames and addresses, dated, signed and returned to the appropriate address as given on the WarrantyRegistration Certificate.c)That all safety instructions in the operator’s manual shall be followed and all safety guards regularly inspectedand replaced where necessary.7. No warranty is given on second-hand products and none is to be implied.8. Subject to the following terms, conditions and contributions, HARDI® extends the warranty on polyethylene tanks(excluding fittings, lids and gaskets) to FIVE YEARS. To qualify for this extended warranty, the tank must be drainedand flushed with fresh water after each day of use. HARDI®’s liability is limited to replacement of the tank, FOB ourplant at no cost to the purchaser during the first twelve months; at 20% of the then current price during thesecond year ; at 40% during the third year ; at 60% during the fourth year; and at 80% during the fifth year. This fiveyear extended warranty is subject, in each instance, to the tank being inspected and approved for replacement orrepair by HARDI® personnel before HARDI® will accept any liability hereunder.