This TYMG South Africa Warranty Statement applies to its Authorized TYMG South Africa Dealers, who extend this Warranty Statement to end-users/owners of TYMG South Africa products or directly to end-users/owners from the TYMG South Africa Distributor. TYMG South Africa acts as an International Trading Company and is not the ORIGINAL Manufacturer of its products. Therefore, the Authorized TYMG South Africa Dealer and end-user/owner must rely solely on the warranty, if any, provided by the respective Manufacturers of TYMG South Africa Products and/or other Component Manufacturers, including but not limited to engines, pumps, tires, and batteries. TYMG South Africa extends its Product Manufacturers and Component Manufacturers “Limited Parts Only Warranty” for a period of 1500 hours/12 months, whichever occurs first, for the Machine, and 2000 hours/12 months, whichever occurs first, for the Engine. The warranty period begins upon delivery, upon the signing of this Warranty Agreement. During the warranty period, TYMG South Africa shall provide “Parts Only” without charge for the replacement part that fails due to defects in material and workmanship. The end-user/owner must promptly notify the authorized TYMG South Africa Dealer/Distributor of the defect, submit a warranty claim according to the TYMG South Africa Warranty Claim Policy and Procedures, including a completed written warranty claim form submitted via email to the Authorized Dealer, TYMG South Africa Head Office, or Distributor. The end-user/owner must allow reasonable time for the replacement of the relevant failed part, if authorized by TYMG South Africa Product and/or Component Manufacturers. A portion of the warranty claim form must be completed by the end-user/owner’s selected qualified technician. TYMG South Africa may require additional evidence of the relevant failed part to process certain warranty claims, such as information, photos, and/or videos. TYMG South Africa may, at its discretion, override a possible turn-down claim from its Product and Component Manufacturers and replace a claimed defective part in Goodwill or invoice a portion of the Replacement Value of the Part. TYMG South Africa may, at its option, request failed parts or the Product to be returned to the Authorized TYMG South Africa Dealer, TYMG South Africa Head Office, or Distributor. Transportation of the Product or defective part to and from the Authorized Dealer, TYMG South Africa Head Office, or Distributor for warranty replacement is the responsibility of the end-user/owner. Warranty claim investigation/testing and motivation cost, labor for reinstalling the warranty replacement part/s, etc., will be the responsibility of the end-user/owner. TYMG South Africa’s Warranty Statement and After Sale Service Policy allow the end user/owner to appoint its own fully qualified third-party service agent of their choice to service the TYMG South Africa product according to the TYMG South Africa Service/Operator Manuals or Industry Standards. TYMG South Africa guidelines state that the product must always be serviced by a full-time occupational Qualified Diesel Mechanic for servicing the engine, a full-time occupational qualified Auto Electrician for servicing the Electrical Components, and a full-time occupational Hydraulic Expert for servicing the Hydraulics of the Product. TYMG South Africa may request a copy of the appointed qualified third-party service agent’s qualifications at any time. The TYMG South Africa Authorized Dealer, TYMG South Africa Head Office, or Distributor may require a copy of every job card with every service performed during the warranty period from the end-user/owner, as outlined in the Service/Operators Manual. TYMG South Africa reserves the right to conduct a Maintenance and Warranty Inspection during the warranty period of the TYMG South Africa Product as used by the end-user/owner at the premises where the product is used. Such a Maintenance and Warranty Inspection will be arranged in advance with the end-user/owner and will aim to establish proper operation and maintenance of the product according to the Operator/Service manuals. The Maintenance and Warranty Inspection may include an audit of daily checks, service job cards, operator qualifications, and any other checks and controls that TYMG South Africa may find suitable to establish a full report to the end-user/owner on the state of the product and possible listing of upfront warranty parts replacement. Such a report may also be used to deny future warranty claims if it is found that the product is not maintained or operated according to the TYMG South Africa Operator/service Manuals. All service & other parts must be purchased from the Authorized TYMG South Africa Dealer, TYMG South Africa Head Office, or Distributor within the warranty period. The following are the TYMG South Africa product Warranty Exclusions:

1. Any damage caused to the TYMG South Africa product as a result of negligence, neglect, misuse, abuse, accident, improper repair, overloading, lack of maintenance, or default of the owner, his agents, or operators, or any third-party action.
2. The owner’s unreasonable delay in making his TYMG South Africa product available after being notified by TYMG South Africa and/or his Dealer of a potential component problem.
3. The owner’s continued use of an TYMG South Africa product despite his knowledge of an existing problem.
4. The owner’s failure to inform TYMG South Africa and/or his Dealer of an existing problem within a reasonable amount of time, resulting in further damage or component failure.
5. Conditions resulting from a direct and/or indirect failure and/or neglect to maintain the TYMG South Africa product in accordance with the daily Pre-Start Checklist and minimum scheduled services detailed in the Manuals.
6. Warranty will be null and void if the Product has not been serviced according to the minimum service schedules as per the Manuals.
7. Modifications or changes to equipment not specifically approved in writing by TYMG South Africa.
8. Any attachments that are sold with the product.
9. Cooler and airflow problems caused by blocked and/or contaminated filters, radiators, condensers, coolers, hoses, etc.
10. Fuel system equipment (pumps, injectors, filters, pipes, etc.) defects resulting from water, contaminated fuels, and other contaminants.
11. Hydraulic system equipment (pumps, motors, valves, etc.) defects resulting from hydraulic oil contaminants, overloading, or misuse.
12. Pins and bushes, grease pins, nuts and bolts, engine mountings, belts, hydraulic and other hoses, lights, bulbs, seals, O-rings, bearings, gaskets, tank caps, quick hitch wear items, fuses and relays, electrical fittings and components, glass, wiper blades, door handles, muffler, exhaust, batteries, brake pads, air brake system, cooling system components (outside the engine), intake components (outside of the engine), tires, tracks, clutches, maintenance items, seat cushions and covering materials, radios, reverse cameras, floor mats, hinges, paint, rust, and other wear and tear products.
13. Damage arising from the use of lubricants, fuel, fluids, or filters that do not conform to specifications required by TYMG South Africa.
14. Warranty will be null and void if the Product has been operated by a Person without being a Qualified & Trained Operator for such a Specific Product.
15. Warranty will be null and void given the installation of aftermarket non-authorized parts.
16. Warranty will be null and void if the TYMG South Africa Product has not been serviced by a Qualified Technician as described in this Warranty Statement, and in accordance with TYMG South Africa’s minimum service interval schedule, and if such a service can’t be proved with a proper completed Industry Standard Job Card.
17. Warranty will be null and void if any implement or attachment is used or installed that has not been approved in writing by TYMG South Africa.
18. Warranty will be null and void if this Warranty Agreement/Statement is not signed by the end-user/owner.

TYMG South Africa excludes other conditions, warranties, or representations of all kinds, expressed or implied, statutory or otherwise (except that of title), including or implied warranties and conditions relating to merchantability, satisfactory quality, and fitness for a particular purpose. Corrections by TYMG South Africa of non-conformities, whether patent or latent, in the manner and for the time period provided above, shall constitute fulfillment of all liabilities of TYMG South Africa as such non-conformities, whether based on contract, warranty, tort, negligence, indemnity, strict liability, or otherwise, with respect to or arising out of such product. The remedies of the end-user/owner set forth under the provision of the warranty outlined above are exclusive, and the total liability of TYMG South Africa, including any holding, subsidiary, associated, or affiliated company or distributor, with respect to the sale or the product and service furnished hereunder in connection with the performance or breach thereof, or from delivery, insulation, repair, or technical direction covered by or furnished under this sale, whether based on contract, warranty, tort, negligence, indemnity, strict liability, or otherwise, shall not exceed the purchase price of the product upon which such liability is based. TYMG South Africa, including any holding, subsidiary, associated, or affiliated company or distributor, shall in no event be liable to the end-user/owner, any successors in interest, or any beneficiary or assignee relating to this sale for any consequential, incidental, indirect, special, or punitive damages arising out of this sale or by any breach thereof, or any defect in, or failure of, or malfunction of the product under this sale, whether based upon loss of use, lost profits, or revenue, interest, lost goodwill, work stoppage, impairment of other goods, loss of reason by shutdown or non-operation, increased expenses of operation, or claims of user or customers of the user for service interruption, whether or not such loss or damage is based on contract, warranty, tort, negligence, indemnity, strict liability, or otherwise.