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LIMITED WARRANTY


For the purposes of this Limited Warranty, Bison means Bison Group Limited (NZCN 5115901).

Manufacturer Warranty Coverage

This manufacturer’s Limited Warranty sets forth the warranty responsibilities of Bison regarding Bison products.

General: Bison warrants to the original purchaser of a new Bison product (“you”), that the Bison product will be free from defects in materials and manufacturing under normal use for a period that commences on the date of original purchase by you and continuing for one (1) year from that date (the "General Warranty Period").

Structural: Bison further warrants to the original purchaser of a new Bison product (“you”), that the Structural Steel Components of the Bison product will be free from defects in materials and manufacturing under normal use for a period that commences on the date of original purchase by you and continuing for five (5) years (the "Structural Warranty Period"). Structural Steel Components are strictly limited to load bearing structural steel sub-assemblies forming part of a Bison product.

This Limited Warranty is not transferable by you.

During the General Warranty Period and the Structural Warranty Period (each, a "Warranty Period"), if the Bison product is found by Bison to be defective and covered under this Limited Warranty, Bison may, at its absolute and sole discretion:

  1. repair the defective portion of the Bison product without charge to you with new or reconditioned parts; or

  2. replace the defective Bison product without charge to you with a comparable new or refurbished product.

If the Bison product is repaired or replaced during a Warranty Period, the balance of the applicable Warranty Period (if any) shall apply to the repaired or replacement Bison product.

If you return a Bison product under this Limited Warranty and receive a replacement Bison product, the item you returned becomes Bison's property and the replacement item becomes your property.

Warranty Exclusions and Limitations

This Limited Warranty does not apply (as determined by Bison in its sole discretion):

  1. to any damage or loss in transit;

  2. to hydraulic hoses and consumable parts of a Bison product, such as batteries and hydraulic seals, unless the damage was caused by a defect in materials or workmanship;

  3. to normal wear and tear to the Bison product;

  4. if the Bison product is tampered with, altered, modified, or repaired by someone not authorized by Bison including, but not limited to, where any damage is caused by the use of parts or consumables, other than genuine parts and consumables originally manufactured and supplied by Bison;

  5. if any Bison product identification or warning label has been defaced or removed;

  6. to a Bison product where the damage, malfunction or defect is caused by and/or results from: (a) misuse, abuse, or neglect; (b) use of the Bison product in conjunction with other, ancillary or peripheral equipment not manufactured by Bison or not provided by Bison specifically for use with your particular Bison product; (c) anything that is not the fault of the Bison product itself including, but not limited to damage from: (i) prolonged exposure to fire or heat; (ii) any force majeure incident or event, or an act of God; (iii) fraudulent, illegal or intentional acts; or (iv) war, hostilities, terrorism or vandalism; or (d) operation or use of the Bison product in a manner outside of the applicable user manual or standard documentation prepared and supplied by Bison , including any safety and operation instructions;

  7. to damage to any components caused by proximity or exposure to liquid, moisture or heat;

  8. to any equipment, accessories or other goods other than original Bison manufactured products; or

  9. to any second-hand goods, or to any goods sold ‘as-is’, or otherwise expressly stated as being supplied without any warranty.

This Limited Warranty is a warranty that is limited to physical Bison products and does not cover any Bison software. Bison's End User Agreement applies to your use of any Bison software. Bison is not responsible for your data. You should back up your data regularly. If a Bison product which is capable of storing data is returned to Bison that data may be deleted by Bison .

How to Return Your Bison Product

To determine if your Bison product requires warranty service and to receive instructions on how to obtain a warranty service for your Bison product, please contact [email protected].

In order for Bison to verify your warranty claim and to provide a warranty service, you may be required to:

  1. provide full details of the fault and assist in diagnosing the fault;

  2. provide proof as to the date and place of original purchase;

  3. take delivery of replacement parts and to follow repair instructions provided by Bison; and/or

  4. return the Bison product to Bison or a Bison authorised servicer.

Warranty service options, response times and charges (if applicable) may differ by country, and are determined by Bison in its sole discretion. If your Bison product is returned during the warranty period, but the fault with your Bison product is not covered under this Limited Warranty, terms and charges may apply for any repair or processing performed.

Depending on the country where the Bison product is located: (a) warranty repair or servicing may not be possible; (b) you may be required to agree to terms and/or to pay certain costs (including, but not limited to, shipping and handling costs); (c) the warranty repair or service, if possible, may take longer than normal to complete; and/or (d) the warranty repair or service may be performed by a Bison authorized servicer.

Exclusive Remedies

Except to the extent that Bison is expressly prohibited by law from limiting or excluding your remedies in relation to your Bison product, this Limited Warranty sets out your exclusive remedies for your Bison product and any other warranties, conditions, representations or guarantees of any kind, either express or implied, including but not limited to implied warranties of merchantability, satisfactory quality and/or fitness for a particular purpose are hereby disclaimed and shall not apply or have any affect.

Limitation of Liability

Except to the extent that Bison is expressly prohibited by applicable law, in no event shall Bison or anyone acting on behalf of or with Bison (including, without limitation, in relation to the manufacture, supply, distribution, sale, repair or return of the Bison product) be liable for any indirect, incidental, special, punitive, exemplary or consequential loss or damages whatsoever (including, without limitation, damages for loss of profits, business interruption or the loss of the use of the Bison product or the cost of replacing the Bison product, loss or corruption of information (including data), lost savings, damage to or loss of any of your or a third party’s possessions associated with or related to the use of the Bison product, or other economic or pecuniary losses), or any third party claims arising out of the use of or inability to use the Bison product, even if Bison or anyone acting on behalf of or with Bison has been advised of the possibility of such damages.

This limitation is intended to apply and does apply without regard to whether such damages are claimed, asserted or brought in an action or claim in tort, contract, on the warranty, or under any other legal basis.

The liability of Bison and anyone acting on behalf of or with Bison to you for loss or damage arising under this Limited Warranty shall not exceed in aggregate the net purchase price you paid for the Bison product, or the cost of replacing the affected Bison product, whichever is greater.

The foregoing shall not in any way restrict any liability in relation to death or bodily injury or statutory liability for intentional and gross negligent acts or omissions to the extent that an exclusion or limitation on such liability is prohibited by an applicable law.

THIS LIMITED WARRANTY DOES NOT LIMIT OR EXCLUDE ANY OF YOUR MANDATORY STATUTORY RIGHTS.

Governing Law

This Limited Warranty is governed by the law of New Zealand and, subject to Dispute Resolution/Arbitration section below, any disputes shall be subject to the exclusive jurisdiction of the ordinary courts of Dunedin, New Zealand. Notwithstanding the foregoing, Bison retains the right to bring legal action against you before any other competent court.

Dispute Resolution

Any disagreement or dispute arising out of or relating to this Limited Warranty shall be settled by final and binding arbitration:

  1. in accordance with the London Court of International Arbitration Rules;

  2. the arbitration shall be conducted in the English language;

  3. the number of arbitrators shall be one (1);

  4. the arbitrator shall be appointed in accordance with the said arbitration rules; and

  5. all matters relating to any arbitration under this Limited Warranty shall be held in strictest confidence to the maximum extent permissible by law.

No dispute between the parties, or involving any person but you, may be joined or combined together, without the prior written consent of Bison.

If the Bison products are located in Europe, Middle East, or Africa, you consent to arbitration located in London, England. If the Bison products are located in Asia, you consent to arbitration located in Singapore. If the Bison products are located in North America or South America, you consent to arbitration located in New York city, New York, USA.

Privacy

Any personal information received by Bison will be used, processed, transmitted, and disclosed in accordance with Bison's Privacy Policy in order to perform the warranty services described in this Limited Warranty.

This may include: (a) obtaining your information from the service providers and distributors involved in the chain of custody of the Bison product upon which warranty services are performed, and (b) transferring your information and the Bison product to Bison affiliates or Bison's service providers.

Miscellaneous

If there is any conflict between this Limited Warranty and any other warranty provided to you including, without limitation, in the packaging of the Bison product, the provisions of this Limited Warranty shall be applied by Bison to the extent of such conflict. If any term, provision or subsection of this Limited Warranty is held to be void, illegal or unenforceable, the validity or enforceability of the remainder of such term, provision or subsection and this Limited Warranty will not be affected.