Subject to the exclusions and limitations below, TANKKO (hereinafter “TANKKO”) warrant each new trailer TANKKO manufactures (“Product”) to be free from defects in material and workmanship, operated under normal use and service in the continental United States and Canada. The trailer warranted hereunder must be operated by the purchaser in accordance with practice approved by TANKKO, with loads not exceeding the manufacturer's rated capacities and subject to all terms and conditions of this Limited Warranty. The warranty start date is six months from the date of shipment to the dealer or end-user purchase date, whichever comes first. During the Limited Warranty period, any defect in material and workmanship on any product not excluded below shall be repaired or replaced at TANKKO’s option by a TANKKO authorized representative or approved repair facility only. TANKKO will pay for replacement parts and such approved shop labor in accordance with TANKKO’s labor reimbursement policy outlined below. TANKKO reserves the right to supply re-manufactured replacement parts as it deems appropriate. TANKKO reserves the right, in lieu of the repair and replacement obligations set forth in this Limited Warranty, to refund the purchase price for the Product. Such right shall be exercised inTANKKO’s sole discretion. If TANKKO elects to refund the purchase price, you agree to deliver to TANKKO the Product prior to receipt of such refund. This Limited Warranty is your exclusive remedy and applies to New Product only purchased in the United States and Canada which is accompanied by this written Limited Warranty and for which a completed warranty registration form has been received by TANKKO within 15 days after purchase of the Product.
6-Month Structural - Limited Warranty
The Tankko Limited Warranty warrants the structure to be free of defects in material and workmanship, under normal use and service for a period of 6 months after the warranty start date. This 6-month Limited Warranty is on the structure only and is limited to the mainframe, ramp, cross members, railings and sub-frame ONLY.
Non - Tankko Components
Items not of Tankko manufacture including but not limited to the chassis, crane, welder, hydraulic and tool drawer packages, and electronic components (which are the responsibility of the components manufacturer). Tankko will act responsibly to facilitate the repair or replacement of such parts by such component's manufacturer. Costs incurred by Tankko for repair or replacement parts or items not of Tankko's manufacturer will be invoiced to you. To be considered warranty, the failed part must be returned, at the discretion of Tankko, to Tankko or the manufacturer of the part within thirty (30) calendar days. The part will be evaluated and if the warranty is approved by the manufacturer, a credit or replacement part may be issued to the customer. If the failed part is not returned to Tankko or the manufacturer of the part within thirty (30) calendar days, the customer will be charged the full price of all replacement parts plus applicable shipping costs.
Parts replaced in the warranty period will be subject to the balance of this 6-month Limited Warranty, but the replacement will not in any way extend this Limited Warranty. Replacement parts after the warranty period shall be subject to Tankko's then standard parts warranty. Standard part purchases made through the Tankko Parts Department are not covered under the Limited Warranty associated with a trailer purchase. A part that is purchased through the Tankko Parts Department shall only be covered by the warranty offered by the manufacturer of said parts.
Tankko's Labor Reimbursement Policy
Tankko will, in its sole discretion consider labor reimbursement during the defined warranty period provided that the repair is pre-approved. Labor amounts will be determined from the flat rate shop manual or authorized contract rate. It is your responsibility to contact the Warranty Department to verify your labor rate. All warranty work must be pre-authorized by Tankko’s Warranty Department. Failure to do so will result in no warranty payment or replacement of parts.
Tankko will pay for the shipping of warranty parts by ground carrier. Expedited freight delivery is available at the expense of the owner. Shipping for the return of parts for warranty consideration will be at the owner's expense but will be reimbursed if the parts in question are deemed defective by Tankko or by the manufacturer of the part and legible copy of the invoice is provided.
Retail Purchaser Responsibility
This Limited Warranty requires that you provide both required and recommended maintenance and repair and obtain periodic inspections of the Product (including bodies and accessories) as indicated in the Operator's Manual furnished with each Product or otherwise specified by Tankko in writing. The cost of required recommended maintenance and repair and obtain periodic inspections is solely your responsibility. You are required to keep documented evidence that these services were performed. The Tankko's Limited warranty may be subject to cancellation if the above requirements are not performed.
This Limited warranty shall not apply to:
1. Any defect in the Product which was caused (in Tankko's sole judgment) by other than normal use and service of the body or accessory or by any of the following:
• Accidents including but not limited to collision
• Improper operation, abnormal usage, misuse or negligence
• Failure to provide routine maintenance and repair service and failure to provide any other reasonable and proper maintenance and repair
• Improper repair or installation
• Unsuitable storage
• Repairs, alterations or modification including the installation of accessories, not made or installed by Tankko or authorized representative or approved repair facility.
• Accidents, chemicals, acts of God, and any other acts which are not the fault of Tankko
2. Any Product (including anybody or accessory) whose identification numbers or marks have been altered or removed.
3. Any component of the Product (including body or accessory) which any of the required or recommended periodic inspection or services have been performed using parts not manufactured or supplied by Tankko meeting Tankko specification or installed as specified by Tankko.
4. Products (including bodies or accessories) for which you have failed to submit the warranty registration form to Tankko within thirty (30) days from the date of delivery of the Product.
5. Any defect which was caused (in Tankko's sole judgment) by operation of the body or accessory not abiding by standard operating procedures outlined in the Operators Manual.
6. Transportation costs, if any, of transporting the Product or any component to an approved repair facility.
7. Diagnostic and overtime premiums.
8. Depreciation caused by normal wear, lack of reasonable maintenance, failure to follow operating instructions, misuse, or lack of proper protection during storage.
9. Any installation of a Product on chassis other than original factory installation.
10. Damage to paint resulting from deterioration due to wear or exposure, misuse, chipping, scratching, deterioration or damage from road elements, such as magnesium chloride (liquid salt), sand, improper wash solvents, and/or weather conditions. *Paint carries a 6-month pro-rated warranty on the exterior and interior paint.
11. Damage caused by loose nuts, bolts or screws including improperly torqued wheel lug nuts.
12. Any trailer utilized as a rental unit or as part of a rental combination with rental equipment.
13. Parts and accessories which are not defective but may wear out and have to be replaced during the warranty period, including, but not limited to normal wear items, light bulbs, paint, brake lining, brake drums, tires, decking and the like.
Limitation of Warranties
Except for the warranties expressly and specifically made herein,Tankko makes no other warranties, and any possible liability of Tankko hereinafter is in lieu of all other warranties, expressed, implied, or statutory including but not limited to any warranties of merchantability or fitness for particular purpose. Tankko reserves the right to modify, alter, and improve any product previously sold without incurring any obligation to replace any product previously sold without such modification. No person is authorized to give any other warranty or assume any additional obligation on Tankko's behalf. This repair, replacement, or refund as provided under the Limited Warranty is your exclusive remedy, and is provided in lieu of all other warranties, expressed or implied, in no event shall Load Trail be liable, whether in contract or tort (including negligence) for damages in excess of the purchase price of the product, accessory or software, or any indirect incidental, special or consequential damages of any kind, or loss of revenue or profits, loss of business, loss of information or data, software or applications or other financial loss arising out of or in connection with the ability or inability to use the products, to the full extent these damages may be disclaimed by law.
Disputes Under This Limited Warranty
Any and all disputes and claims of any kind and nature whatsoever arising under this Limited Warranty shall be handled as provided in any agreement of purchase and sale for the Product. If such agreement does not include an express provision relating to the handling of disputes and claims, then the following terms shall apply to this Limited Warranty: This Limited Warranty shall be deemed to have been made in the State of Texas (without regard to the conflict of law principals of the State), including all matters of construction, validity, and performance regardless of the location of the Product. You expressly waive any and all right to a jury trial regarding any dispute hereunder. You hereby irrevocably submit to the exclusive jurisdiction and venue of courts sitting in Lamar County, Texas, You hereby irrevocably waive, and hereby agree not to assert by way or motion, defense, or otherwise, any claim that you are not subject personally to the jurisdiction of such courts, that the Product or any other property of yours is exempt or immune from attachment or execution, that any action brought under this Limited Warranty is brought in an inconvenient forum, that the venue of the action is improper or that this Limited Warranty cannot be enforced by any such courts.