MODERN TRANSPORT ENGINEERS LTD NEW ZEALAND
“RETURN TO BASE” WARRANTY AGREEMENT
Notice: This is a legal contract between you and Modern Transport Engineers Ltd and the selling Modern Transport Engineers Ltd Dealer
MODERN TRANSPORT ENGINEERS LTD “RETURN TO BASE WARRANTY”
Except for components which are warranted directly to you by their respective manufacturers and for which Modern Transport Engineers Ltd accepts no responsibility, Modern Transport Engineers Ltd warrants directly to you that the vehicle or plant identified herein by serial number will be free from defects in materials and workmanship appearing under normal use, service and authorised maintenance.
This “RETURN TO BASE” warranty extends only to you, the Original Buyer.
Save as otherwise provided by law, your sole and exclusive remedy against Modern Transport Engineers Ltd arising from your purchase and use of this vehicle or plant, is limited to the repair or replacement of any part or parts which Modern Transport Engineers Ltd examination shall disclose to its satisfaction to have been defective in material or workmanship, through authorised companies in accordance with the Warranty Schedule on the second page of this Agreement. The warranty period in the Warranty Schedule begins on the Date in Service shown below, and claims under the warranty shall be validly made only if the vehicle or plant is presented to Modern Transport Engineers Ltd in Hamilton before expiration of the “RETURN TO BASE” Warranty Agreement. Where a particular part meets the warranty criteria upon the return of the said component to Modern Transport Engineers Ltd in Hamilton, Modern Transport Engineers Ltd will at its expense send a replacement part free of charge in exchange, but shall not be responsible for the costs of refitting. “RETURN TO BASE” warranties are available only to the original purchaser on or before the delivery of vehicle being manufactured free of charge and are not transferable.
LIMITATIONS OF MODERN TRANSPORT ENGINEERS LTD LIABILITY
Except for the above “RETURN TO BASE” warranty, Modern Transport Engineers Ltd GIVES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Nor shall any warranty or condition of merchantability or fitness for a particular purpose be implied under the New Zealand “Sale of Goods Act 1908” or under any statute.
IT IS AGREED THAT MODERN TRANSPORT ENGINEERS LTD SHALL NOT BE LIABLE FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES including, but not limited to; loss of profits or income, damage to vehicle, plant, attachments, trailer and cargo, towing expenses, Attorney’s fees, liability you may have in respect of any other person or miscellaneous expenses such as fuel, telephone, accommodation, travelling, freight, downtime, overtime and holiday labour.
To the extent any provision of this warranty contravenes the law of any jurisdiction, such provision shall be inapplicable in such jurisdiction, and the remainder of the warranty shall not be affected thereby.
Modern Transport Engineers Ltd accepts no responsibility for the exercise of any skill, care or expertise in the ordering, specification, construction, assembly or fitting of additional equipment or variations to specifications to any vehicle unless the same be specifically approved in writing by Modern Transport Engineers Ltd.
TIME LIMIT ON COMMENCING LEGAL ACTION
It is agreed that you have 6 months from the accrual of the cause of action to commence any legal action arising from the purchase or use of the vehicle, or be barred forever, save where such limitation shall be prohibited by any applicable law.