Hardware Warranty to End Users (“Limited Warranty”) 

Limited Warranty. 

NESHER Equipment, LLC warrants that its products sold by NESHER (“Machines”) are free from defects in materials and workmanship for one year from shipment to the original end-user who purchases the Machines ("End User") or 1,000 hours of use, whichever comes first. NESHER Equipment further warrants that attachments and accessories sold by NESHER Equipment for use with the Machines (“Accessories'' and, together with Machines, “Hardware”) are free from defects in materials and workmanship for one year from shipment to the End User. This Limited Warranty extends only to the End User and is non-transferable to a third party. This Limited Warranty does not extend to machines used for rental operations. For warranty parts and components, at its option and to the extent permitted by law, NESHER Equipment will at no charge either: (1) repair or replace the Hardware with functionally equivalent new, previously opened, or refurbished parts and replacements or (2) refund the net price paid to NESHER Equipment for the original Hardware. The repaired or replacement Hardware is warranted for the remaining warranty term of the original Hardware. The obligations hereunder are conditioned upon the return of defective Hardware to NESHER Equipment, if requested. In such cases, the replacement Hardware becomes the property of the End User and the Hardware replaced becomes the property of NESHER Equipment. 

Warranty Exclusions. 

This Limited Warranty does not apply and is void with respect to (a) cosmetic damage that does not effect the manchine’s functionality, (b) product that has been improperly maintained or damaged by end user neglect, (c) costs of any installation or uninstallation, (d) hardware not manufactured or supplied by NESHER Equipment, (e) failures or defects caused by misuse, abuse, accidents, physical damage, abnormal operation, improper handling and storage, neglect, exposure to fire, exposure to flooding, hazardous materials, chemicals, excessive moisture or dampness, extreme changes in climate or temperature, or modifications performed without prior approval of NESHER Equipment, (f) acts of God, (g) Hardware from which warranty stickers, serial numbers and/or serial labels have been removed, altered or rendered illegible, (h) Hardware operated outside published maximum ratings, (i) performance of Hardware in combination with other items not manufactured, approved or supplied by NESHER Equipment, (j) Accessories, components, and materials subject to normal wear and tear including but not limited to tires, tracks, and/or other consumables or wear components, (k) the batteries in machines used for rental services and/or machines rented out to third parties other than the original End User, or (l) other circumstances beyond the reasonable control of NESHER Equipment.