DUSTER LIMITED SALES AND SERVICE COMPANY
GENERAL TERMS & CONDITIONS (SERVICE)
These Service Terms and Conditions together with any Ser ice
Plan entered into by Customer (collectively the “Agreement”)
of Duster Limited. No intellectual property rights in goods or
services are assigned, licensed or transferred hereunder.
govern the purchase of maintenance or repair services for
specified equipment (“Equipment”) by Customer from Duster
Limited Sales and Service Company, (“Duster Limited”). Terms
of sale for Duster Limited’s product offerings may be found at
Duster Limitedco.com.
7. Limitation of Liability.
A. Duster Limited is not responsible for (a) injury to persons or
property except to the extent such injury is the result of
Duster Limited’s negligence or intentional misconduct; (b)
incidental or consequential damages arising out of Duster
Limited
1. Construction. If Customer has entered into a separate acts, omissions, performance or nonperformance
written Service Plan, such Service Plan shall be construed hereunder; or (c) any damages or injuries caused by
together with these terms, however, the terms of such Service
Plan shall prevail if in actual conflict with these terms. DUSTER
LIMITED EXPRESSLY CONDITIONS I S OBLIGATION TO
PERFORM ON CUSTOMER’S ACCEPTANCE OF THE TERMS
OF THE AGREEMENT.
2. Inconsistent Terms. The terms of this A reement, together
Customer’s failure to comply with applicable laws,
regulations, or statutes relating to safety, health, or the
environment.
B. Duster Limited’s total liability arising out of the provision of
services, whether in contract, tort (including negligence),
strict liability or otherwise shall not in any case exceed the
cost of the services for which any claim is made.
with the terms of the Service Plan, if any, supersede all C. In no case shall Duster Limited be liable to Customer or any
third
inconsistent terms and conditions in documentation submitted by
Customer to Duster Limited.
party for any punitive or special damages.
8. Indemnification. Duster Limited shall indemnify, defend and
hold
3. Duster Limited Responsibilities.
Duster Limited
will service the Customer harmless from and against any claim, demand, cause
Equipment as required by the Service Plan or as requested by of action or liability for direct damage to the extent arising from
Customer, extraordinary wear and tear excepted, subject to Duster Limited’s
negligence
or intentional misconduct in connection
Customer’s compliance with this Agreement and the following with its provision of services to Customer, subject to the
conditions:
A. All maintenance services shall be performed between 8:00
a.m. and 5:00 p.m., Monday through Friday, excluding
holidays.
limitations noted in Section 7.
9. Insurance. Duster Limited shall maintain Workers’
Compensation coverage required by law with respect to its
employees working
B. Duster Limited will provide replacement parts that are
newor
on Customer’s premises. Duster
Limited
further maintains liability
equal to new in performance.
C. Duster Limited will service the Equipment at Customer’s
facility. If, in Duster Limited’s judgment, repair at
Customer’s facility is not practical, Duster Limited may in its
sole discretion elect to repair
coverage in amounts
practice.
10. Warranty.
commensurate with standard industry
the equipment off-site. A. The warranties provided in this Section 10 are exclusive and
are given and accepted in lieu of any and all other
4. Customer Responsibilities. Customer is responsible for warranties express or implied, including, without limitation,
performing routine maintenance services according
procedures described in the Equipment Operator
to
and
the implied warranties of merchantability and fitness for a
particular purpose.
Maintenance manuals. The Equipment will be used, maintained,
and stored properly, cleaned regularly, operated within the limits
recommended in the operator’s manual and operated only by
B. Service Labor performed by a Duster Limited service
representative is warranted for thirty (30) days from the date
the repairs are completed. This warranty does not cover
Customer’s trained and authorized employees. Customer will work performed by any service company other than
provide Duster Limited with the Equipment properly drained,
cleaned and ready for service and appropriate space and
facilities at Customer’s location to allow safe and proper
performance of the services.
5. Payment Terms. Payment terms are net thirty (30) days,
from date of invoice. All charges are exclusive of federal, state,
Duster Limited, and is restricted to the operation or
component for which a claim is made. This warranty does
not apply to temporary repairs such as seal replacements
on hydraulic components, or those not recommended by
Duster Limited.
C. Repair Parts supplied by Duster Limited are warranted
against defects for a period of ninety (90) days from the
date the repairs are completed, excluding batteries.
Batteries
municipal, or other government excise, sales, use or supplied by Duster Limited are warranted at replacement cost
prooccupational taxes. Customer will pay all costs of collection rated for the time remaining in the warranty period. The
including reasonable attorneys’ fees and costs. Customer has no
rights of set-off.
6. Intellectual Property. All intellectual property in goods and
services provided by Duster Limited is the sole and exclusive
property
warranty period for Lithium-Ion and Lead-Acid batteries is
twelve (12) months from the date the repairs are completed.
The warranty period for AGM and Gel batteries is (90) days
from the date the repairs are completed. Labor and travel
for repair parts installed by Duster Limited are warranted for
thirty
(30) days from the date the original repairs are completed.
11. Force Majeure. Duster Limited will not be responsible for
failure to render services due to reasons beyond its reasonable
control, including but not limited to acts of God, fire, flood, labor
disputes, insurrection, war, or terrorism.
12. Choice of Law; Disputes. The validity, performance,
construction and effect of this Agreement shall be governed by
and construed under the laws of the State of Minnesota and the
United States of America, without giving effect to the principles of
conflict of laws. This Agreement expressly excludes the
provisions of the United Nations Convention on Contracts for the
International Sale of Goods. Duster Limited and Customer agree
to make a good faith attempt to settle any dispute arising under
this Agreement. To the extent they are unable to resolve a
dispute informally, the parties agree to make a good faith attempt
to resolve the dispute by mediation in Minneapolis, Minnesota. If
such mediation fails to resolve the dispute, the parties agree to
arbitrate in Minneapolis, Minnesota pursuant to the Optional
Expedited Arbitration Procedures of JAMS.
13. Assignment. This Agreement is not assignable without the
prior written consent of Duster Limited. Assignment without such
consent is void.
14. No Waiver. Either party’s failure to enforce any term or
condition in this Agreement shall not be construed as a waiver of
any right available to either party hereunder.
15. Severability. If any provision of this agreement is held to be
invalid, illegal, unenforceable or in conflict with the law of any
jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not be in any way affected or
impaired.
16. Legal Compliance. Duster Limited and Customer shall
comply with all applicable federal, state and local laws, including,
without limitation, the United States Foreign Corrupt Practices
Act and Executive Orders 11246 and 13201.
17. Ethics Compliance. Duster Limited strives to conduct
business in accordance with the principles in our Business Ethics
Guide, available at Duster Limitedco.com. If you believe that
Duster Limited has not lived up to these principles, you can
anonymously report your concerns by using hotline: +88-02-
48812148.
18. Contacts. For all inquiries, call Duster Limited Customer
Service at +88-02-48812148, or email to info@dusterbd.com or
write to the following address: 06, Gulshan Avenue, Level-3,
Block- SW (H), Gulshan-1, Dhaka-1212, Bangladesh., Attn:
Duster Customer Service.