Smith Truck Body Warranty Statement

Warranty Statement Summary

Smith Truck Body LLC Warranty and Limitations of Liability

I. SUMMARY STATEMENT OF STANDARD WARRANTY, LIMITATIONS OF LIABILITY AND PURCHASER’S WARRANTY CLAIM PROCEDURE.

This document describes the Warranty applicable to your Smith Truck Body LLC Mounted Equipment (hereafter referred to as “Equipment”). In this Warranty, Smith Truck Body LLC. (“Smith Truck Body LLC”) warrants the Equipment to be free from defects in material or workmanship under normal maintenance, use and service conditions.

Exceptions to this Warranty are as follows:

● Any parts, components or conditions excluded in Sections II or III.

● Parts and components used in the Equipment but manufactured and warranted by someone other than Smith Truck Body LLC or the manufacturer of the Equipment. For such separately warranted components, Smith Truck Body LLC will pass the manufacturer’s warranty onto the Purchaser.

Smith Truck Body LLC’s Warranty extends only to the first retail Purchaser (“Purchaser”) and cannot be assigned to or enforced by any other person. While in the ownership of the retail Purchaser, the Equipment shall be used exclusively by such Purchaser and by no other person or entity. Therefore, there shall be no third party beneficiary to the warranty contained herein. Purchaser, as defined herein, also includes a distributor or other seller who purchases Equipment for their own use instead of for resale.

The Warranty is limited to defects in material or workmanship that occur within 12 months after the date of invoice to the Purchaser. From time-to-time specific components may have specific separate warranties provided by the manufacturers of such components, and Smith Truck Body LLC will pass these manufacturers’ warranties onto the Purchaser.

The obligation of Smith Truck Body LLC under this Warranty is limited to repair or replacement (at Smith Truck Body LLC’s option) of defective parts or components. Except as provided otherwise in this Warranty, repair or replacement will be made free of charge for both parts and labor. Correction of defects, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Smith Truck Body LLC to Purchaser, whether based on negligence or otherwise, with respect to or arising out of such Equipment.

Smith Truck Body LLC’s obligation under this Warranty shall not include any transportation charges or any liability for direct, indirect or consequential damages or delay. Any improper use, operation beyond capacity, substitution of parts not approved by Smith Truck Body LLC, or any unauthorized alteration or repair voids this Warranty. The remedies set forth herein are exclusive, and the liability of Smith Truck Body LLC, whether in contract, in tort, under any warranty, or otherwise, shall not exceed the price of the Equipment on which the liability is based.

THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Smith Truck Body LLC MAKES NO REPRESENTATION OR WARRANTY, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT OR THE PARTS OR COMPONENTS MANUFACTURED OR SUPPLIED BY Smith Truck Body LLC, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER, AND ALL SUCH OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. IN NO EVENT, INCLUDING IN THE CASE OF ANY CLAIM OF NEGLIGENCE, SHALL Smith Truck Body LLC BE LIABLE FOR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE, NOR SHALL Smith Truck Body LLC BE LIABLE FOR ANY AMOUNT EXCEEDING THE PURCHASE PRICE OF THE WARRANTED PRODUCT, PART OR COMPONENT.

Purchaser assumes all risk and liability resulting from the use of the Equipment, whether used singly or in combination with other goods or equipment. Smith Truck Body LLC assumes no other liability in connection with the sale or use of the Equipment, and there are no oral agreements or warranties collateral to or affecting the sale of the Equipment.

NO PERSON IS AUTHORIZED TO MAKE, ON BEHALF OF Smith Truck Body LLC, ANY REPRESENTATIONS OR WARRANTY BEYOND THOSE EXPRESSED HEREIN

II. WARRANTY CLAIM AND REPAIR PROCEDURES

If any warranted parts or components prove to be defective within the Warranty period, contact Smith Truck Body LLC. Depending upon the nature of the defect, Smith Truck Body LLC will (at Smith Truck Body LLC’s discretion) either repair or replace the defective component itself, or forward it to the manufacturer’s factory for repair or replacement. Smith Truck Body LLC reserves the right to retain possession of any part or component that it replaces, and to use reconditioned parts.

If Equipment is taken to a facility other than a Smith Truck Body LLC or an authorized Smith Truck Body LLC Service Partner, Purchaser must contact Smith Truck Body LLC prior to repairs. 

Smith Truck Body LLC will advise if the requested service facility is qualified to perform the repairs. Purchaser, or Purchaser’s Equipment service facility, must provide satisfactory documentary evidence, upon request, that all applicable maintenance requirements have been met during the entire Warranty period.

No warranty claim will be honored unless Smith Truck Body LLC has received a written Warranty Claim Report describing the defect within seven days of discovery of such defect. If a Warranty Claim Report is not received within seven days of discovery of such defect, any warranty claim shall be considered waived by the Purchaser.

Please note: you are responsible for checking your PTO and pump bolts for tightness within the first 7 days of your equipment being placed into service or void warranty repair. You will need to check for leaks upon delivery of the vehicle and after initial operation of your equipment.  Every time the chassis is lubricated, or a mechanic is under the vehicle the PTO system should be checked and serviced.  For severe duty PTO system applications, it is recommended that the system be checked for service every 100 hours of use (this guideline can be adjusted based on past service history once you have it established). 

Within the FIRST WEEK of use, recheck the installation of the PTO. Check for leaks and loose mounting hardware (studs, cap screws, nuts). Recheck and tighten any loose connections.  Any leaks found should be corrected immediately.

III. WHAT IS NOT COVERED BY THE WARRANTY

In addition to limitations of this Warranty described above, Smith Truck Body LLC expressly excludes from warranty coverage of the following:

● Periodic maintenance, adjustments or checks required by Smith Truck Body LLC procedures or commonly performed on hoists, including replacement of normal service items such as filters or hydraulic components.

● Corrosion and or deterioration of products, equipment, and electrical items due to environmental factors. 

● Any damage or malfunction due to improper maintenance or repairs (including warranty repairs) performed by a service facility that is not Smith Truck Body LLC or a Smith Truck Body LLC Service Partner and is found by Smith Truck Body LLC in its sole determination not to be competent in the maintenance or repair of Smith Truck Body LLC Equipment. This may include the Purchaser’s own service facilities.

● Any damage or malfunction due to incompatible equipment being used in conjunction with Smith Truck Body LLC installed equipment. Including improper container specifications, failure to secure loads correctly to DOT Specifications, loads exceeding GVWR of the Equipment and truck chassis. 

● If any component oil or lubricant samples reveal the presence of foreign contaminants, additives, or fluids other than the Manufacturer's specified oil or lubricant.

● Consumables such as lubricants and fluids.

● Normal deterioration or degradation of appearance due to use or exposure on items such as rubber components and exterior finish.

● Purchaser’s towing or travel time costs or cost of rental unit or loaner unit including “potential” missed revenue due to unit being down. 

● Cleaning of unit in preparation for service – such as pressure washing or degreasing.

● Purchaser’s loss or misplacement of any components of the Equipment.

● Damage to the Equipment caused by third party transportation or by purchaser during transportation.  

● Any Equipment or truck, tractor or trailer (“Transport Vehicle”) damage or malfunction caused by the Equipment or transporting of the Equipment if, in Smith Truck Body LLC’s sole judgment, any one of the following has occurred:

● The Equipment was installed improperly on the Transport Vehicle by someone other than Smith Truck Body LLC.

● The Transport Vehicle was of insufficient capacity, size, or rating or, if required, counterweight, axles, or other required modifications to properly transport the Equipment were not made on the Transport Vehicle.

● There is evidence that the Transport Vehicle was overloaded, abused, or otherwise improperly or illegally operated.

● Correction or other resolution of any charge or finding of non-compliance with Federal, State or Local laws or regulations governing the use of the Transport Vehicle carrying the Equipment.

IV. THIS WARRANTY DOES NOT APPLY:

● To parts and accessories which are not part of the base Equipment. Examples include, but are not limited to: pumps, PTO, attachments, bodies, beds, subframe/riser, accessories. These items are covered separately under specific warranties which vary by manufacturer. See manufacturer’s warranty statements for details.

● If the Equipment, part or component has been damaged by accident, abuse, misuse, misapplication, neglect or failure to properly service and maintain (as administered by Smith Truck Body LLC or an authorized Smith Truck Body LLC Service Partner), or as a result of service, disassembly or modification without Smith Truck Body LLC’s express authorization.

● If the Equipment is rented or loaned by the Purchaser to other parties.

● If the Equipment, part or component continues to be operated after an obvious problem has been identified.

● If service or repair work has not been performed in compliance with Smith Truck Body LLC operating procedures and maintenance instructions.

● If seals have been broken, or if the Equipment has been altered or fitted with attachments without Smith Truck Body LLC’s prior written approval.

● If parts not made or supplied by Smith Truck Body LLC or the manufacturer have been used in connection with the Equipment, if in the sole judgment of Smith Truck Body LLC such use affects the Equipment’s performance, stability, or reliability.

● If the Equipment has been altered or repaired in a manner that, in the judgment of Smith Truck Body LLC, affects its performance, stability, or reliability.

● If any safety devices provided with the Equipment are tampered with, not properly installed, or not in operation.

● If there is or has been non-compliance with applicable laws governing the ownership, use, or transport of the Equipment.

● If any Equipment or component serial number has been intentionally altered, defaced or removed.

● If payment for the Equipment or any service actions are in default from any party to Smith Truck Body LLC.

● If the Equipment receipt date is not confirmed in writing.

V. GENERAL PROVISIONS

All notices, demands, claims or other communications with respect to this Warranty must be addressed to: Smith Truck Body LLC. 3943 Luthy Dr Unit 1, Rosebush, MI 48878

This warranty shall be interpreted under and governed by the laws of the State of Michigan.

Smith Truck Body LLC reserves the right to make changes to this Warranty without prior notice