This MCM Warranty Statement is for its Authorised MCM Dealers who in turn extend this Warranty Statement to its end-user/owner of an MCM product, or its directly for the end user/owner from the MCM Distributor.
MCM is an International Trading Company and not the ORIGINAL Manufacturer of its products. The Authorised MCM Dealer and end-user/owner must rely solely on the warranty, if any, of the respective Manufacturers of the MCM Products and/or other Component Manufacturers including, but not limited to engines, pumps, tyres and batteries.
MCM hereby extends its Product Manufacturers and Component Manufacturers “Limited Parts Only Warranty” for a period of 1500 hours/12 months whichever occurs first.
During the warranty period, MCM shall supply “Parts Only” without charge, of the MCM Product which fails because of defects in material and workmanship. The end-user/owner shall provide the authorised MCM Dealer/Distributor with prompt written notice of the defect and allow reasonable time for replacement of the relevant failed part, if authorised by MCM Product and/or Component Manufacturers. MCM may override a possible turn down claim from its Product and Component Manufacturers at its sole discretion and make good on the replacement of a claimed defect part in Goodwill.
MCM may, at its option, request failed parts or the Product to be returned to the Authorised MCM Dealer, MCM Head Office or Distributor. Transportation of the Product or defect part to and from the MCM Authorised Dealer, MCM Head Office or Distributor for warranty work is the responsibility of the end-user/owner. Warranty claim investigation cost, labour for re-installing the warranty replacement part/s, etc, will be the responsibility of the end-user/owner.
MCM Warranty Statement makes provision for the capability of the end user/owner to service their MCM equipment with a fully qualified third-party service agent of their choosing. MCM Distributor and/or Dealer requires a copy of every job card with every service done during the warranty period, as outlined in the Operators Manual.
All service & other parts must be purchased from the Authorised MCM Dealer/Distributor within the warranty period.
When servicing the customer’s Product, MCM may use parts or Products that are new or refurbished and equivalent. MCM will retain the replaced part or Product that is exchanged during Services as its property, and the replacement part/Product will become the customer’s property. If mandatory law requires MCM to return a replaced part/Product to the customer, the customer shall pay MCM for the retail price and the shipping costs of such replacement part/Product.
- Any damage caused to the MCM product as a result of negligence, neglect, misuse, abuse, accident, improper repair, or default of the owner, his agents or operators, or any third-party action.
- The owner’s unreasonable delay in making his MCM product available after being notified by MCM and/or his Dealer of a potential component problem.
- The owner’s continued use of an MCM product despite his knowledge of an existing problem.
- The owner’s failure to inform MCM and/or his Dealer of an existing problem within a reasonable amount of time, resulting in further damage or component failure.
- Conditions resulting from a direct and/or indirect failure and/or neglect to maintain the MCM product in accordance with the daily Pre-Start Checklist, and minimum scheduled services detailed in the Maintenance Manual.
- Warranty will be null and void if the Product has not been serviced according to the minimum service schedule as per the Maintenance Manual.
- Modifications or changes to equipment not specifically approved in writing by MCM.
- Cooler and Air flow problems caused by blocked and/or contaminated filters, radiators, condensers, coolers, etc.
- Fuel system equipment (pumps, injectors, filters, pipe, etc) defects resulting from water and contaminated fuels.
- Hydraulic system equipment (pumps, motors, valves, etc) defects resulting from hydraulic oil contaminants.
- Pins and bushes, nuts and bolts, belts, hydraulic and other hoses, lights, bulbs, seals, o-bearings, fuses, electrical components, glass, wiper blades, batteries, brake pads, tyres, tracks, clutches, hinges, paint, rust and other wear and tear products.
- Damage arising from the use of lubricants, fuel, fluids, or filters which do not conform to specifications required by MCM.
- Warranty will be null and void if the Product has been operated by a Person without being a Qualified & Trained Operator for such a Product.
- Warranty will be null and void given the installation of aftermarket MCM parts.
- Warranty will be null and void if the MCM Product has not been serviced by a Qualified Mechanic or service agent, and in accordance to MCM’s minimum service interval schedule.
- Warranty will be null and void if any implement or attachment is used or installed, has not been approved in writing by MCM.
MCM excludes other conditions, warranties or representations of all kinds, expressed or implied, statutory or otherwise (except that of title) including or implied warranties and conditions relating to merchantability, satisfactory, quality, and fitness for a particular purpose.
Corrections by MCM of non-conformities whether patent or latent in the manner and for the time period provided above, shall constitute fulfilment of all liabilities of MCM as such non-conformities, whether based on contract, warranty, tort, negligence, indemnity, strict liability or otherwise, with respect to or arising out of such product.
The remedies of the end-user/owner set forth under the provision of the warranty outlined above are exclusive at the total liability of MCM including any holding, subsidiary, associated or affiliated company or distributor with respect to the sale or the product and service furnished hereunder in connection with the performance or breach thereof, or from delivery, insulation, repair or technical direction covered by or furnished under this sale, whether based on contract, warranty, tort, negligence, indemnity, strict liability or otherwise shall not exceed the purchase price of the product upon which such liability is based.
MCM including any holding, subsidiary, associated or affiliated company or distributor shall in no event be liable to the end-user/owner, any successors in interest or any beneficiary or assignee relating to this sale for any consequential, incidental, indirect, special or punitive damages arising out of this sale or by any breach thereof, or any defect in, or failure of, or malfunction of the product under this sale, whether based upon loss of use, lost profits, or revenue, interest, lost goodwill, work stoppage, impairment of other goods, loss of reason by shutdown or non-operation, increased expenses of operation or claims of user or customers of the user for service interruption whether or not such loss or damage is based on contract, warranty, tort, negligence, indemnity, strict liability or otherwise.