Across 6 market segments and 27 product lines, Aspen’s product portfolio ranges from 25 ton tandem trailers to 300 ton multi axle transporters.
All Aspen trailers are offered with custom options. Some loads are so unique, only a custom built trailer can do the job.
Aspen Custom Trailers (“Aspen”) provides this warranty for services provided by the Aspen Custom Trailers service department (the “Aspen Service”) for defective workmanship for a time period of 90 days from the date the Aspen service was rendered (the “Limited Warranty”). If this Aspen Service has, or is believed to have, defective workmanship, it must be returned to Aspen’s facility at the owner’s expense for inspection. Services (with the exception of purchased components described below) or workmanship, upon examination, which are determined by Aspen to be defective shall be repaired by Aspen at its facility.
Aspen’s limited warranty does not extend to nor include any components manufactured, supplied, and or furnished by other manufacturers or suppliers, such as, but not limited to, tires, wheels, suspension, axles, brakes, bearing, seals, landing gear, air brake components, lights, and hydraulic components. Such components are, or may be, covered by their own manufacturer’s or supplier’s limited warranty. Aspen’s limited warranty does not expand upon or alter in any way the warranties provided by the manufactures or suppliers of such components. Those components will be returned to their manufacturer or supplier and any warranties extended to Aspen by those manufacturers or suppliers will be assigned to the owner of the Aspen Product (Aspen’s customer). Any labor required to remove and replace these components is not covered by this Limited Warranty.
Exclusion of Warranties
This Limited Warranty shall not apply with respect to any claimed defect or deficiency which in the judgment of Aspen has arisen from:
• repair or alteration NOT authorized by Aspen;
• misuse by the owner or operator of the serviced product, or negligence or accident caused by any person other than Aspen;
• operation at speeds exceeding the design limits of the serviced product; or
• loading or operating beyond the capacity of this serviced product.
The limited warranty set out above is in lieu of all other warranties and conditions, and there are no other warranties, conditions, representations or guarantees of any kind, either express or implied by law, or by custom, regarding the Aspen Product, including without limitation those regarding merchantability, fitness for purpose, correspondence to sample, title, design, condition, or quality.
Without limiting the foregoing, Aspen does not warrant that the Aspen Service shall meet the requirements of the owner or operator of the serviced product, or that the operation of the serviced product shall be free from interruption, damage or error.
Additional Limitations on this Warranty
In no event shall Aspen be liable to the owner of the serviced product or to any other party for injury, damage or loss in connection with any of the Service provided by Aspen or any component of the serviced product, including without limitation damages for lost profits, lost savings, and incidental, consequential, and special damages, even if caused (a) by Aspen’s negligence, or (b) if Aspen had knowledge of the possibility of the potential loss or damage, or (c) if both such causes take place.
If, despite the other limitations set out above, for any reason Aspen becomes liable to any party including any owner for losses or damages or both, incurred in connection with the Aspen Service then:
• Aspen’s aggregate liability for all damages, injury, and liability incurred by the owner or any other party in connection with a particular Aspen Service shall be limited to an amount equal to the price paid to Aspen for the particular Aspen Service that gives rise to the claim for damages; and
• The owner shall not bring or initiate any action or proceeding against Aspen more than two years after the cause of action or cause of the proceeding has arisen.
In no event shall Aspen be liable to any owner, customer, end-user or any other third party who asserts a claim based upon an Aspen Service sold or distributed by a dealer or agent of Aspen, even if that claim is based on Aspen’s negligence. The owner shall indemnify and save harmless Aspen and its partners, employees, agents, directors, officers, representatives, successors and assigns from and against all losses, damages, injuries, costs, expenses (including actual legal fees and costs), liabilities, actions, and demands that may be incurred by or claimed against any or all of Aspen and its partners, employees, agents, directors, officers, representatives, successors or assigns in connection with any such claims.
This Limited Warranty is governed by and shall be construed in accordance with the laws of the Province of Alberta, Canada.
If any clause, condition or term, or any part thereof, contained in this Limited Warranty is unenforceable or prohibited by law or by any present or future provincial, state or federal legislation of Canada or of the United States, then such clause, condition, term or part thereof, shall be amended, and is hereby amended, so as to be in compliance with the said legislation or law but, if such clause, condition or term, or part thereof cannot be amended so as to be in compliance with any such legislation or law then such clause, condition, term or part thereof is severable from this agreement, and all the rest of the clauses, terms and conditions or parts thereof contained in this Limited Warranty shall remain unimpaired.
This Limited Warranty is the entire warranty provided by Aspen Custom Trailers (“Aspen”) for the Aspen Service. No amendment to this Limited Warranty is effective or binding upon Aspen Custom Trailers unless in writing and signed by an officer of Aspen Custom Trailers. This Limited Warranty is for the benefit of and may be enforced by the person who at the relevant time during the 90 day period from the date of provision of this serviced product is the then owner of this Aspen Service, but shall not otherwise be assigned without the written consent of Aspen Custom Trailers.