Warranty for Repair on Wyco Hydraulic Paving Vibrators and Minnich

Every vibrator leaves Road and Runway like new, so every vibrator repair comes with a same as new factory warranty. Below is the Warranty Policy for both Wyco Tool Company and Minnich Manufacturing.

Manufacturer’s Limited Warranty

The warranties provided by WYCO, div. Racine Federated Inc. ("Company") in this
Manufacturer’s Limited Warranty apply only to Products you purchase for your use, and
not for resale. The term "Product" means a Company-branded product, its features,
conversions, upgrades, elements, or accessories, or any combination of them. NOTHING
IN THIS MANUFACTURER’S LIMITED WARRANTY AFFECTS ANY STATUTORY RIGHTS OF
CONSUMERS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
1. Warranty Coverage
(a) The Company warrants to the end purchaser that the Products will be free from
defects in materials and workmanship for twelve months from the original Date of
Purchase ("Warranty Period"). The date on your invoice or sales receipt is the Date of
Purchase unless the Company or your reseller informs you otherwise. During the
Warranty Period, the Company will, at its option: (1) provide replacement parts
necessary to repair the Products, (2) replace the Products with a comparable product, or
(3) refund the amount paid by you for the Products upon return. Any replacement parts
or Products will be new or serviceably used, comparable in function and performance to
the original part or Product, and warranted for the remainder of the Warranty Period or
twelve months from the date of shipment of the replacement part of Products, whichever
is longer. Purchasing additional parts or Products from the Company does not extend this
Warranty Period.
(b) THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS
AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, EXCEPT
AS PROVIDED HEREIN, THE COMPANY UNDERTAKES NO RESPONSIBILITY FOR THE
QUALITY OF THE PRODUCTS OR THAT THE PRODUCTS WILL BE FIT FOR ANY
PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THE PRODUCTS. ANY IMPLIED
WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. NO ORAL OR
WRITTEN INFORMATION, OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS OR
EMPLOYEES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
THIS LIMITED WARRANTY.
(c) THE COMPANY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH
RESPECT TO THE PRODUCT AND NONE OF THE COMPANY OR ANY COMPANY AFFILIATE
SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS YOU FROM AND
AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY YOU ARISING FROM THE
INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY
OF THE PRODUCTS.
(d) THIS LIMITED WARRANTY IS NOT TRANSFERABLE.
2. Exclusions from Warranty Coverage
This limited warranty covers normal use of the Products and the Company does not
warrant and is not responsible for:
(1) Damage caused by a disaster such as fire, flood, wind, earthquake, or lightning;
(2) Damage caused by unauthorized attachments, alterations, modifications or foreign
objects;
(3) Damage caused by the use of the products or accessories for purposes other than
those for which they are customarily used;
(4) Damage from improper maintenance;
(5) Damage caused by any other abuse, misuse, mishandling, or misapplication; or
(6) Accessories or other products or services of companies other than the Company.
3. Obtaining Warranty Service
(a) In order to obtain service under this limited warranty, you must contact the
Company's technical support personnel. You may contact the Company's technical
support personnel via a variety of online, telephone, and other methods to diagnose
warranty issues. The Company will provide product diagnosis by one of these methods for
no additional charge at any time.
(b) If the Company determines that a Product or one of its parts is defective, the
Company will authorize the replacement of a part or the Product, at no cost to you.
Instructions for the return of the product to WYCO will be provided and must be followed.
Warranty service may be denied or limited if your account is not in good standing,
including outstanding debt for replacement parts not returned to the Company. If you
choose to contact the Company in writing, send your request for warranty service to the
following address: WYCO, 8635 Washington Ave., Racine, WI 53406.
4. Limitation of Liability
(a) IN NO EVENT SHALL THE COMPANY (INCLUDING ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH
ARE REFERRED TO HEREIN COLLECTIVELY AS THE "COMPANY AFFILIATES") BE LIABLE
UNDER ANY CIRCUMSTANCE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE PRODUCTS OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED
EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT,
FACILITIES OR SERVICES, DOWN TIME, YOUR TIME, LOST DATA, INJURY TO PROPERTY
OR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF THE COMPANY
OR ANY OF THE COMPANY AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER
ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR
OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR
CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS
ESSENTIAL PURPOSE, OR OTHERWISE.
(b) IN NO EVENT SHALL THE COMPANY OR ANY COMPANY AFFILIATE BE LIABLE TO YOU
OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS
OF THE NET PURCHASE PRICE OF THE PRODUCTS ACTUALLY DELIVERED TO AND PAID
FOR BY YOU HEREUNDER. YOUR SOLE REMEDY AGAINST THEM IN ANY DISPUTE UNDER
THIS AGREEMENT SHALL BE TO SEEK RECOVERY OF THE AMOUNTS YOU HAVE PAID,
PURSUANT TO SECTION 5, UPON THE PAYMENT OF WHICH THEY SHALL BE RELEASED
FROM AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU.
5. Dispute Resolution
(a) You agree that any dispute between you and the Company will be resolved
exclusively and finally by arbitration administered by the American Arbitration Association
("AAA") and conducted under its rules, except as otherwise provided below. The
arbitration will be conducted before a single arbitrator, and will be limited solely to the
dispute between you and the Company. The arbitration shall be held at any reasonable
location near your place of business by submission of documents, by telephone, online or
in person. Any decision rendered in such arbitration proceedings will be final and binding
on each of the parties, and judgment may be entered thereon in any court of competent
jurisdiction. Should either party bring a dispute in a forum other than AAA, the arbitrator
may award the other party its reasonable costs and expenses, including attorney fees
and disbursements incurred in staying or dismissing such other proceedings or in
otherwise enforcing compliance with this dispute resolution provision.
(b) YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES
THROUGH A COURT, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THAT
RIGHT AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION.
(c) This arbitration agreement is made pursuant to a transaction involving interstate
commerce, and shall be governed by the Federal Arbitration Act [9 U.S.C. §§ 1 et seq.].
(d) For the purposes of this section, the term "dispute" means any dispute, controversy,
or claim arising out of or relating to: (1) this Agreement, its interpretation, or the breach,
termination, applicability or validity thereof, or (2) the purchase or use of any Product,
Accessory, service or otherwise from the Company; the term "Company" means the
Company, its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents
or assigns; the term "you" means you, the original purchaser, your agents, beneficiaries,
or heirs.
6. Governing Law
Both you and the Company consent to the application of the laws of the State of
Wisconsin to govern, interpret, and enforce all of your and the Company's rights, duties,
and obligations arising from, or relating in any manner to, the subject matter of this
Statement of Product Limited Warranty, without regard to conflict of law principles.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
7. Contact Information
Any questions about this Statement of Product Limited Warranty, including the
procedures for obtaining warranty service, should be directed to the Company at:
By Telephone: 1-800-233-9926
By Mail: WYCO, 8635 Washington Ave., Racine, WI 53406