Policy #HDTP 000021
Effective February 22, 2019
Subject to the following conditions, HDT Expeditionary Systems, Inc. (the “Seller”) warrants that all products and components (as identified below in the Warranty Schedule (the “Products”) sold by Seller shall be free from defects in material and workmanship from the date of shipment for the period as set forth in the Warranty Schedule (each a “Warranty”). Seller’s obligation under the Warranty is specifically limited to repair or replacement of the Products, at Seller’s option.
Soft Wall Military Shelters – 36 Months
Hard Wall Military Shelters – 12 Months
Trailer Systems – 18 Months
Environmental Control Systems* – 18 Months
Heaters – 18 Months
Power Generation Systems – 18 Months
Chem / Bio Systems – 18 Months
Filters – Not to exceed Test / Inspection date on the manufacturing package or until opened for use
All other products not included in Warranty Schedule – 12 Months
Restrictions may apply for international sales. Where the Seller and the Buyer have entered into a signed contract that contains a negotiated warranty provision that differs from this Warranty Schedule, the negotiated warranty provision shall take precedence.
The repair or replacement of any Products shall be performed at the location specified by Seller. Products originally exported under an Export Administration Regulations (EAR) or International Traffic In Arms Regulations (ITAR) license require coordination with Seller for replacement or return for repair.
Seller’s obligations hereunder are expressly conditioned upon Seller’s receipt of written notice of Buyer’s claim within thirty (30) days of the occurrence of the claim. Products that are repaired or replaced by Seller, for any reason, shall only be warranted for the unexpired portion of their original warranty period.
Seller shall have no obligation hereunder if the Products provided by Seller: (a) have been subjected to improper maintenance or storage not in accordance with Seller’s specifications, (b) have been subjected to abuse in handling or installation, (c) are damaged or misused after delivery to the Buyer; (d) if the Products has been altered, modified or repaired in a manner or by parties not approved in writing by Seller; or (e) Product is used beyond specified service life (if applicable).
This Warranty does not include cost for transportation, costs for removal or re-installation of equipment, or labor for repairs or replacement made in the field. Seller’s obligation under this Warranty is limited to repairing or replacing at its factory any part or parts which, during the warranty period, shall be returned to Seller with transportation charges prepaid by Buyer and which Seller’s examination shall disclose to its sole satisfaction to have been defective.
NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, NOR ANY AFFIRMATION OF FACT OR PROMISE IS MADE BY SELLER WITH RESPECT TO THE PRODUCTS WHICH ARE THE SUBJECT OF THE WARRANTY. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS FOR ANY BREACH OF WARRANTY.
*Except the following ECUs, which shall have a warranty of 12 months: 60K IECU, AC03001; A604TAARDFAA; 60K IECU 184K0000-5