DeLaval Dairy Services (DDS) Terms & Conditions

1. Warranties:

A. Equipment. DeLaval warrants that the Equipment will be free from defects in materials and workmanship for the duration of the Warranty Period. Any Equipment, parts or accesories obtained by DeLaval from other companies carry the warranty and remedies provided by those companies only. DELAVAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTIONS WITH THOSE ITEMS AND PROVIDES THEM TO BUYER "AS IS" AND "WITH ALL FAULTS." Any warranties, representations or statements that differ from the foregoing, whether oral or contained in advertisements or sales brochures, are unathorized by DeLaval and become the warranty solely of the party making them.

B. Services. DeLaval warrants that the Services will be privided in a good and workmanlike manner.

C. Warranty Period. For Equipment, the Warranty Period is one (1) year from the date of installation (other than rubber goods which the warranty period is the lesser of 1200 milkings or 90 wash cycles for inflations and liners and 6 months for all other rubber components). For Services, the Warranty Period is ninety (90) days from the date the services are provided. Each of these is referred to as the "Warranty Period."

D. Limited Remedy. During the Warranty Period, DeLaval will repair or replace any Equipment, parts or Service for which DeLaval is responsible which does not comply with the warranties described above provided that written notice is received by DeLaval within thirty (30) days of discovery. The written notice must identify the specific item and defect and be received by DeLaval within the Warranty Period. If DeLaval determines that repair or replacement of the defective Equipment, part of Service is not an effective remedy, DeLaval shall refund the Buyer purchase price (excluding the cost of installation and labor) of the defective item. Repair of replacement of any item under the terms of this limited warranty will not extend the warranty of other obligations upon DeLaval.

E. No Guarantee of Performance. Due to the the wide variation in farm animals, management practices and other conditions beyond DeLaval's control, no specific level of performance of the Equipment, parts or the system in which they are used, is guaranteed. Any representations or descriptions regarding the Equipment contained in brochures, advertisements or catalogs are approximate only and do not create any warranty or other obligation upon DeLaval.

F. Warranty Exclusions: Excluded from DeLaval's Warranty are the damages caused by the following: delays in delivery, ordinary wear and tear (including ordinary erosion or corrosion); failure to use or maintain the Equipment in accordance with DeLaval's operator's manuals; misuse or abuse of the Equipment; failure of the facility where the Equipment is installed to comply with the National Electric Code; or any other matter outside DeLaval's control. THE WARRANTIES SET OUT IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

G. Exclusion of Other Remedies. The Buyer has evaluated the risk of failure of the Equipment and that risk is reflected in the Purchase Price. It is the only intention of the parties that their legal rights, remedies and liabilities be governed solely by the terms of this Limited Warranty. IN CONSIDERATION OF THIS LIMITED WARRANTY AND THE REMEDIES SET OUT ABOVE, THE BUYER WAIVES ANY AND ALL OTHER CLAIMS AND CAUSES OF ACTION AGAINST DELAVAL RELATING TO THE DESIGN, MANUFACTURE, SALE, INSTALLATION, USE OR OPERATION OF THE EQUIPMENT INCLUDING BUT NOT LIMITED TO CLAIMS FOR DAMAGES OF ANY KIND BASED ON BREACH OF CONTRACT, STRICT LIABILITY, PRODUCTS LIABILITY, NEGLIGENCE OR OTHER FAULT OF DELAVAL.

H. LIMITATION ON DAMAGES: THE REMEDIES SET OUT ABOVE ARE THE BUYER'S EXCLUSIVE REMEDIES FOR BREACH OF THIS LIMITED WARRANTY. IN NO EVENT SHALL BUYER BE ENTITLED TO OR DELAVAL BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO DAMAGES DUE TO DELAYS IN DELIVERY, LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF PREMIUMS, EXCESS CULLING, INCREASED COST OF OPERATION, AND LOST OF, INJURY TO, OR ILLNESS OF LIVESTOCK IN EXCESS OF THE PURCHASE PRICE REFUND REMEDY SET OUT ABOVE.