S36 ROCKDRILL | PARTS & SERVICE MANUAL January, 2021
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examination of the goods so returned by the Purchaser
and shall report the results of its examination to the
Purchaser within thirty (30) days, following its receipt of
such goods from the Purchaser, or, if longer time is
required to complete such examination, within such
time as would be required through the exercise of
reasonable diligence. As a further condition to Boart
Longyear’s obligations hereunder for breach of
warranty, the Purchaser shall offer its reasonable
cooperation, and assist Boart Longyear in the course
of Boart Longyear’s review of any warranty claim. If
requested by the Purchaser, Boart Longyear will
promptly repair or replace, at Boart Longyear’s
expense, goods that are confirmed to be non-
conforming as a result of Boart Longyear’s examination
and according to Boart Longyear’s warranty as set
forth herein. All removal and installation of goods shall
be at the Purchaser’s expense; provided, however,
Boart Longyear will reimburse the Customer for an
amount equal to the reasonable expenses incurred by
the Customer and attributable to the removal and
shipment of any defective goods. Boart Longyear
reserves the right to reimburse the Purchaser for an
amount equal to the purchase price of any defective
goods in lieu of providing repaired or replacement
goods. Anything contained herein to the contrary
notwithstanding, in no event shall Boart Longyear be
liable for breach of warranty or otherwise in any
manner whatsoever for:
(i) normal wear and tear;
(ii) corrosion, abrasion or erosion;
(iii) any goods, components, parts, software or
services which, following delivery or performance
by Boart Longyear, has been subjected to accident,
abuse, misapplication, modification, improper
repair, alteration, improper installation or
maintenance, neglect, or excessive operating
conditions;
(iv) defects resulting from the Purchaser’s
specifications or designs or those of its contractors
or subcontractors other than Boart Longyear;
(v) defects associated with consumable parts or
materials, the lifetime of which is shorter than the
warranty period set forth in this Section;
(vi) defects associated with Purchaser’s
specifications or designs or those of its contractors
or subcontractors other than Boart Longyear;
(vii) defects resulting from the manufacture,
distribution, promotion, or sale of Purchaser’s own
products; or
(viii) accessories of any kind used by the Purchaser
which are not manufactured by or approved by Boart
Longyear;
(ix) any indirect, incidental, special, consequential,
punitive, or similar damages, or any actual or
alleged lost profits, loss of data or business
interruption losses.
D. Sourced Goods
If the defective parts or components are not
manufactured by Boart Longyear, the guarantee of the
manufacturer of those defective parts or components is
accepted by the Purchaser and is the only guarantee
given to the Purchaser in respect of the defective parts
or components. Boart Longyear agrees to assign to the
Purchaser, on request made by the Purchaser, the
benefit of any warranty or entitlement to the defective
parts or components that the manufacturer has granted
to Boart Longyear under any contract or by implication or
operation of the law to the extent that the benefit of any
warranty or entitlement is assignable.
Boart Longyear Global Headquarters,
2455 South 3600 West
Salt Lake City, Utah 84119,
United States of America,
www.boartlongyear.com
Tel: +1 801-972-6430
Fax: +1 801-977-3374
