MANUFACTURER'S LIMITED WARRANTY FOR ALL PRODUCTS MANUFACTURED BY BIG TEX TRAILER MANUFACTURING, INC. AND SOLD UNDER THE "BIG TEX" LABEL ARE SUBJECT TO SPECIFIC AND IMPLIED WARRANTIES AS FOLLOWS:
Big Tex Trailer Manufacturing, Inc. warrants that each Big Tex trailer operated by the original purchaser under normal use in the Continental United States or Canada will be free from defects in materials and workmanship for one (1) year following the original purchase, subject to the requirements, exclusions and limitations stated below which will be strictly applied.
THREE YEAR LIMITED WARRANTY
Subject to the requirements, exclusions and limitations stated below, the structure of your Big Tex trailer is warranted to the original retail purchaser against defects in materials and workmanship by Big Tex Trailer Manufacturing, Inc., arising from normal use for three (3) years from the date of purchase. The structure is that portion of the trailer which includes the main frame, consisting of the bottom rails, cross members, and the sub frame, excluding the floorboards (where applicable) and running gear.
EXCLUSION OF COMPONENTS WARRANTED BY OTHER MANUFACTURERS
Tires, axles, brake components, springs and suspension components, couplers, jacks and batteries purchased and installed by Big Tex Trailer Manufacturing, Inc. are warranted by their respective manufacturers and are excluded from this Big Tex Limited Warranty.
NORMAL USE, NO REPAIRS OR ALTERATIONS
This Limited Warranty covers only defects in original components which arise from normal use and does not apply if the trailer has been subjected to negligence, accident, abuse, misuse, neglect, overload or has been repaired or altered without the prior written consent of Big Tex Trailer Manufacturing, Inc. Normal wear items, including but not limited to struts, lights, bearings, brakes, brake linings, tires and batteries will not be replaced due to wear.
TRANSPORTATION COSTS EXCLUDED
Transportation of any trailer to and/or from your dealer or any Big Tex approved repair facility shall be the responsibility of the trailer owner. Big Tex Trailer Manufacturing, Inc. shall not be liable for any such costs.
PRIOR WRITTEN CONSENT REQUIRED AND RETURN OF DEFECTIVE PARTS REQUIRED
No reimbursement will be made to any dealer or owner for repairs made without the prior written consent of Big Tex Trailer Manufacturing, Inc. Any defective part(s) must be sent by prepaid freight to Big Tex Trailer Manufacturing, Inc. in order to qualify for replacement or reimbursement under this Limited Warranty.
OTHER PRODUCTS EXCLUDED
This Limited Warranty applies exclusively to trailers manufactured by Big Tex Trailer Manufacturing, Inc. Any products not manufactured by Big Tex Trailer Manufacturing, Inc. are specifically excluded from this warranty. Authorized repairs do not extend the term of this Limited Warranty.
THE SOLE RESPONSIBILITY OF BIG TEX TRAILER MANUFACTURING, INC. UNDER THIS LIMITED WARRANTY SHALL BE TO REPAIR AND REPLACE PARTS AT A BIG TEX TRAILERS FACTORY; HOWEVER, UNDER UNUSUAL CIRCUMSTANCES WITH PRIOR WRITTEN APPROVAL AND AT BIG TEX TRAILER MANUFACTURING, INC.'S DISCRETION, A REASONABLE ALLOWANCE MAY BE MADE FOR REPAIR OFF SITE. ALL OTHER OBLIGATIONS OR LIABILITIES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF THE FAILURE OF ANY PARTS TO OPERATE PROPERLY ARE HEREBY EXCLUDED, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE, INCONVENIENCE, LOSS OF TIME, COMMERCIAL LOSS OR ANY OTHER TYPE OF DAMAGES, GENERAL OR SPECIFIC, FORESEEN OR UNFORESEEN, UNLESS APPLICABLE STATE LAW PROVIDES OTHERWISE.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER EXPRESS WARRANTIES AND REPRESENTATIONS. BIG TEX TRAILER MANUFACTURING, INC. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO BIG TEX TRAILERS WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. NO ONE, INCLUDING AN AUTHORIZED BIG TEX TRAILERS DEALER, IS AUTHORIZED TO MAKE FURTHER OR ADDITIONAL WARRANTIES ON BEHALF OF BIG TEX TRAILER MANUFACTURING, INC. ALL IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR INTENDED USE ARE LIMITED TO WARRANTY PERIODS STATED ABOVE, UNLESS ANY APPLICABLE STATE LAW PROVIDES OTHERWISE.
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 jury trial regarding any dispute hereunder. You hereby irrevocably submit to the exclusive jurisdiction and venue of courts sitting in Titus 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.