Terms of Sale

 

 

  • Unless otherwise stated, all sales are final with no returns, refunds or exchanges.
  • Seller makes no warranty as to any results Buyer might obtain in Buyer’s use(s) for the Products sold. Seller makes no representation or warranty of any kind with respect to Product, express or implied, in respecting merchantability or fitness for any particular purpose. Seller makes no other warranties extending beyond the description of the Product, whether used alone or in combination with any other implement or items. 
  • Title and risk of loss to the Product shall pass to Buyer at Seller’s point of shipment. Buyer assumes all risks and liabilities arising out of unloading, discharge, storage, handling and use of the Product, or arising out of compliance or non-compliance with federal, provincial, municipal or local laws and regulations governing or controlling such activity, except to the extent, if any, attributable to Seller’s gross negligence or willful misconduct. Seller has no liability for the failure of discharge or unloading equipment or materials used by Buyer, whether or not supplied by Seller. Buyer will indemnify, defend and hold Seller harmless from all costs, expenses, damages, judgements or other loss, including costs of investigation, litigation and reasonable attorney’s fees, arising out of Buyer’s selection, use, and sale of the Product. 

 

Warranty Terms

 

  • All our products come with a 12 month parts & labour warranty or 1000 hours whichever occurs first unless otherwise explicitly stated on the bill of sale. Equipment covered under this warranty includes all Mammoth Machinery equipment sold by an authorized dealer. 
  • We Warrant that all equipment will be free from proven defects in material and workmanship with respect to all components of the product except as otherwise specified herein for twelve (12) months, such warranty shall be limited to parts and labor. The foregoing time periods shall all commence after delivery to the original buyer. To obtain warranty, the equipment must be brought to a Mammoth Machinery authorized service centre at the expense of the owner. All engines are not warrantied by Mammoth Machinery and would be warrantied by the engine manufacturer if available directly. 
  • During the warranty period, we shall provide replacement parts, at Mammoth Machinery’s option, without charge, for any part of the product except as otherwise specified herein which fails because of defects in material or workmanship. The owner shall provide prompt written notice of the defect and allow reasonable time for replacement. The owner should immediately stop operating the products to ensure no further damage occurs. Mammoth Machinery may, at its option, require failed parts to be returned to the factory for testing. Transportation of the products and replacement parts if required to the repair facility are the responsibility of the owner. The remedies provided in this warranty are exclusive. The warranty is not transferable. 
  • This warranty does not cover replacement of wear and tear items such as:
    • All oils
    • Filters
    • Tune-up parts
    • Tracks
    • Wheels
    • Rollers
    • Seals
    • O-rings
    • Hydraulic hoses
    • Belts
    • Batteries
    • and other high-wear items, etc

This warranty does not cover damages resulting from abuse, misuse, neglect, accidents, alterations, failure to maintain and service, use of the products with any part, accessory or attachment not approved for use, or failure to maintain or use the products according to the instructions applicable to it. 

 

THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXCEPT THE WARRANTY OF TITLE. MAMMOTH MACHINERY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MAMMOTH MACHINERY OR AUTHORIZED DEALERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: LOSS OR INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOSS OF MACHINE USE, WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF MAMMOTH MACHINERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF MAMMOTH MACHINERY  AND AUTHORIZED DEALERS WITH RESPECT TO THE PRODUCT AND SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT UPON WHICH SUCH LIABILITY IS BASED.