KENTUCKY TRAILER (the "Seller") warrants to the original purchaser from the Seller (the "Original Purchaser") of a new trailer manufactured by the Seller (a "Trailer") that the Trailer will be free of defects in materials and workmanship, when used in normal commercial service and when properly maintained, for a period of five(5) years from the date of delivery to the Original Purchaser (the "Express Written Warranty").
ANY AND ALL WARRANTIES, INCLUDING THE EXPRESS WRITTEN WARRANTY, SHALL BE VOID WITH RESPECT TO A PARTICULAR TRAILER IF:
A. The total weight of a Trailer and its cargo at any time EXCEEDS the Gross Vehicle Weight Rating (GVWR ) listed on the vehicle identification plate the Seller fastened to that Trailer (the "Vehicle ID").
B. The loaded weight of any axle on a Trailer at any time EXCEEDS the Gross Axle Weight Rating (GAWR) listed on the Vehicle ID.
C. The Trailer is not serviced and maintained in accordance with the Seller's recommended service schedule (sometimes called the preventative maintenance schedule) provided to the Original Purchaser in conjunction with the Vehicle.
D. The Trailer is at any time (l) damaged in a collision or other accident, (2) overloaded, (3) loaded in a manner such that the weight is not properly secured or equally distributed, (4) not lawfully operated on well-maintained public roads, or (5) otherwise neglected or misused in any manner which produces unusual strain or impact.
E. Any part or component of the Trailer has been altered, repaired, or replaced.
The Seller's sole obligation as a result of any breach of the Express Written Warranty shall be to REPAIR OR REPLACE, at the Seller's option, any defective part or component of a Trailer which results directly from the Seller's defective material or workmanship.
THE EXPRESS WRITTEN WARRANTY DOES NOT APPLY TO THE FOLLOWING (the "Excluded Items"):
(i) Any component parts or other products manufactured or supplied to the Seller by other manufacturers or suppliers (the "Suppliers") and which are assembled or installed by the Seller on a Trailer.
(ii) Parts exposed to the elements or subject to active wear and tear, electricity, or friction, including without limitation, overhead doors, floors, brake linings, brake drums, brake actuation components, oil seals, bearings, paint, lights and lamp bulbs, tires, suspensions, accessories and the like.
THE SELLER MAKES NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, NOR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE EXCLUDED ITEMS.
To the extent warranties from Suppliers (the "Supplier Warranties") are made available to the Original Purchaser by the Suppliers to cover any defective part or condition in a Trailer, the Seller shall use reasonable efforts to provide sufficient information to the Original Purchaser to enable the Original Purchaser to obtain direct warranty coverage or assistance from the applicable Supplier. However, Seller does not expressly or impliedly warrant that any parts or accessories provided by Suppliers will be subject to, or meet the conditions of, any supplier warranties with respect to such parts or accessories.
THE SELLER SHALL HAVE NO LIABILITY FOR ANY CARGO LOSS, LOSS OF USE, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE ORIGINAL PURCHASER’S PURCHASE OF ANY TRAILER, ANY DEFECT IN ANY TRAILER, OR ANY OTHER BREACH OF THE EXPRESS WRITTEN WARRANTY, REGARDLESS OF WHETHER THE DEFECT IS SUBJECT TO THE EXPRESS WRITTEN WARRANTY. The Seller’s obligation under the Express Written Warranty to repair or replace the detective part or component is the Original Purchaser’s SOLE AND EXCLUSIVE REMEDY for any breach of the Express Written Warranty.
THE SELLER MAKES NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTY WITH RESPECT TO ANY TRAILER. THE SELLER MAKES NO EXPRESS WARRANTY WITH RESPECT TO ANY TRAILER OTHER THAN THE EXPRESS WRITTEN WARRANTY. The Express Written Warranty shall be in lieu of all other warranties, obligations or liabilities on the part of the Seller. No other warranties or other affirmations made outside this document shall be effective. The Seller neither assumes nor authorizes any person to assume for it any other liability in connection with the sale, alteration, repair or replacement of a Trailer or any part or component thereof.
THIS WARRANTY IS NOT TRANSFERABLE BY THE ORIGINAL PURCHASER.