CAPELLO S.R.L. LIMITED WARRANTY - PRODUCTS SOLD IN U.S.A.
Limited Warranty. Capello S.R.L. and its agents (“Capello”) warrants that the new products (the “Products”) that it manufactures and that are sold in the United States will be free from defects in material and workmanship for a specified period (the “Warranty Period”). The Warranty Period shall be calculated from the date of sale to any person purchasing Products with the intent of using or operating them for their intended purpose (the “Purchaser”) as evidenced by the contemporaneously signed, dated and properly submitted Warranty Registration document. Products marketed under and commonly known as “Quasar” and “Helianthus” include a Warranty Period of twenty four (24) months. Products marketed under and commonly known as “Spartan” include a Warranty Period of twelve (12) months.
Capello's Obligation Under Warranty. Capello's sole obligation under this limited Warranty shall be to repair or replace Products during the Warranty Period. Any products or parts that are repaired or replaced by Capello during the Warranty Period shall be warranted for the remainder of the original Warranty Period on these same terms. This limited Warranty includes the cost of labor necessary to carry out the repairs or replacements, subject to the conditions in Paragraph 6 below.
Disclaimer Of All Other Warranties. NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN. CAPELLO EXPRESSLY DISCLAIMS All OTHER WARRANTIES, INCLUDING AND WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. No salesperson, distributor, or agent of Capello is authorized to make any guaranty, warranty, or representation that contradicts the terms of this Limited Warranty.
Limitations. Capello does not assume responsibility for any specific application to which any Products are applied including, but not limited to, compatibility with other parts or equipment.
Any statements, technical information, or recommendations given by Capello relating to the Products are believed to be reliable, but do not constitute a guaranty or warranty.
CAPELLO SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANY PARTY FOR LOSS OF PROFITS, ECONOMIC LOSS, DIMINUTION OF GOOD WILL, OR ANY OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WHATSOEVER.
This Limited Warranty does not apply to any of the following:
Parts or materials required for regular maintenance, including but not limited to fluids, lubricants, greases, filters, chains, lenses, lights, bulbs, fuses, and any related service;
Any part requiring repair or replacement incidental to normal use and wear, including but not limited to clutches, cutterbars, knives, pins, hubs, spindles, chains, belts, lubricated joints, bushings, bearings, skids, shoes and any other part that becomes worn from contact with the ground or harvest material;
Parts or components that are warranted by their respective manufacturers, including but not limited to electronic sensors, hydraulic components, header height control systems and automatic steering systems;
Any Product or parts damaged as a result of negligent use, abuse or misuse or any parts damaged as a result of exposure to corrosive agents, improper handling or storage or improper application of regular service and maintenance as reasonably defined in the sole discretion of Capello;
Any Product that has been altered or modified from its original condition or repaired without the knowledge of Capello or an authorized dealer in a manner that affects the performance or reliability of the Product or part;
Shipping, packaging, travel, or transportation costs incidental to repairs or maintenance;
Refurbished, rebuilt, after-market, or other Products or parts that are not genuine Capello Product or parts.
This Limited Warranty may be changed from time to time at the sole discretion of Capello, will be posted at capellousa.com/Warranty and shall be governed by the laws of South Dakota. Any disputes which arise in connection with this limited Warranty shall be resolved in state or federal courts in Sioux Falls, South Dakota. Capello shall not have any liability to the Purchaser unless the Purchaser commences an action against Capello within one year after the cause of action accrues.
Voiding of the limited Warranty. Any of the following shall cause this limited Warranty to be null and void:
Failure to use genuine Capello parts or other parts approved by Capello for maintenance, repairs, or replacement;
Failure to follow the guidelines for proper use and proper servicing of the Product or parts, as set forth in the Owner’s Manual of any Product and updated from time to time by Capello in a reasonably acceptable communication;
Modification or alteration of any Product or part without the express, written consent of Capello;
Use of lubricants or oils not recommended by Capello;
Tampering, misuse or negligence related to the use, handling, storage, maintenance or repair of the Products;
Accident, fire, or any other action causing material damage to any of the Products or parts.
Warranty Repairs. Capello's obligations under this limited Warranty are subject to the following terms and procedures:
Warranty repairs and replacements shall be performed only by authorized Dealers in the United States, who are so designated pursuant to contract with Worthington Tractor Parts, inc., d/b/a Worthington Ag Parts.
The Purchaser shall arrange for the Products to be sent or delivered to a Dealer, at Purchaser's expense, in order for repairs or replacements to be performed. Alternatively, the Purchaser and Dealer may agree that repairs or replacements will be performed outside of the Dealer's facilities, in which case the Dealer may charge the Purchaser for travel and boarding expenses incurred as a result.
If the Dealer determines that the Product presents defects in material or workmanship and that the Product is still within the Warranty Period, the necessary repairs or replacements and corresponding labor shall be performed by Dealer at no cost to the Purchaser. Approval of reimbursement of labor hours at a labor rate of $85.00 USD per hour will be at the sole discretion of Capello and will be subject to the current Capello labor card suggestion as published at capellousa.com/Warranty.
Acceptance and review of Dealer warranty claims is at the sole discretion of Capello. Dealer must submit any claims using the online warranty submission system at capellousa.com/Warranty within 60 days of incident. Those claims submitted later than 60 days following the incident that gives rise to the claim will not be accepted. Those claims submitted after the warranty expiration date may or may not be accepted for review at the sole discretion of Capello.
After warranty repairs or replacements are complete, the Dealer shall arrange for the return of the Products to the Purchaser at the Purchaser's expense.
Capello reserves the right to request that the Purchaser or Dealer send Products or parts, at Capello's expense, to a different site for technical analysis of the problems and a determination of whether this Limited Warranty covers the repairs or replacements necessary.
When sending or delivering a Product to a Dealer for repairs or replacements pursuant to this limited Warranty, the Purchaser shall include a complete service report for the product.
Replacement of complete assemblies, such as row units, cutter bars, gearboxes, and frames, will occur only if repair is technically impossible or impracticable.