Safety Guarantee
Arrowquip is committed to improving the business and safety of cattle handling and recognizes that cattle handling injuries are under-reported. It is Arrowquip’s goal to improve the safety of cattle handling and the Safety Guarantee detailed in this document exhibits this commitment to safety.
1. Safety Guarantee. In the event that a purchaser of Arrowquip product suffers a physical injury in the operation of the product, Arrowquip will provide a refund of the product purchase price (not including any delivery fees incurred at the time of purchase). The term “physical injury” means a physical injury or ailment that requires medical treatment and prevents an operator from fulfilling day-to-day operations for a period of thirty (30) days or more (“Injury”).
2. General Warranty. Pursuant to the terms of Arrowquip’s general Warranty (as set out at https://arrowquip.com/resources/warranty), Arrowquip also commits to repair or replace any part of the product that is defective, malfunctions or otherwise fails under normal use (as set out in the applicable product manual) and inside the product’s warranty terms. If Arrowquip determines that the product requires replacement, it shall be replaced with an identical model or a newer model of the product.
3. Applicability.
3.1. Arrowquip offers this Safety Guarantee to all customers that: (i) have purchased Arrowquip product from an authorized Arrowquip dealer after March 31, 2022; (ii) have registered the product with Arrowquip’s Warranty program within 7 days of purchase (at https://arrowquip.com/product-registration); and (iii) operate and maintain the Arrowquip product as set out in the product manual.
3.2. Each Arrowquip product shall be eligible for only one refund under the Safety Guarantee.
3.3. The Safety Guarantee is solely for the original purchaser that has registered the Arrowquip product. The Safety Guarantee cannot be assigned or transferred.
3.4. The Safety Guarantee shall only apply to purchases of Arrowquip product within Canada and the United States of America.
3.5. Except as expressly set forth herein, this Safety Guarantee does not cover:
3.5.1. a product purchased from an unauthorized dealer or any other party;
3.5.2. the general hydraulic chute (which is covered under Arrowquip’s general Warranty); and
3.5.3. product that has been misused, abused, neglected, or altered for any reason.
4. Inspection.
4.1. Within thirty (30) days of delivery to the purchaser of the product, the purchaser shall inspect the product sufficient in scope to identify any defects in the product which make it unfit for its intended use. Complaints or notices of defects regarding such product shall be delivered to Arrowquip in writing within sixty (60) days of receipt of the product.
4.2. The purchaser/user of the product shall inspect the product prior to each use to ensure it is fit for its intended use, that is, properly designed, constructed and maintained for handling cattle.
5. Assumption of Risk.
5.1. You acknowledge that you understand that the operation of farming products is dangerous. You acknowledge that you are aware that product failures, carelessness of others, or unexpected action from the cattle is always possible. You acknowledge that you understand the risk of injury from operating farming product is significant, including the potential for serious bodily injury, paralysis and death; and acknowledge that you are aware of all the risks and hazards inherent with your operating farming product.
5.2. It is entirely your choice to make use of the farming product, and you therefore, accept and assume responsibility for any possible risk involved in your operation of the farming product.
6. NEGLIGENCE WAIVER, LIMITATION OF LIABILITY, AND RELEASE – PLEASE READ CAREFULLY.
6.1. Nothing in this Safety Guarantee will limit or exclude liability that cannot be limited or excluded under applicable law.
6.2. THE PRODUCT IS PROVIDED “AS IS”. YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SAFETY GUARANTEE IS THE ONLY EXPRESS GUARANTEE THAT ARROWQUIP PROVIDES FOR THE PRODUCT, APART FROM THE GENERAL WARRANTY REFERRED TO HEREIN, AND THE ABOVE REMEDY IS YOUR SOLE AND EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARROWQUIP EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND. INCLUDING EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE PRODUCT, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SUITABILITY OR ANY OTHER WARRANTIES, REPRESENTATION OR CONDITIONS THAT MAY ARISE FROM USAGE OF THE PRODUCT.
6.3. IN NO EVENT SHALL ARROWQUIP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, DIRECT, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
6.4. IN NO EVENT SHALL ARROWQUIP’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCT.
6.5. IF YOU MAKE USE OF A PRODUCT WHICH HAS NOT BEEN INSPECTED BY YOU AS REQUIRED HEREIN, OR USE THE PRODUCT WHICH YOU HAVE INSPECTED AND NOT COMPLAINED OR GIVEN A NOTICE OF DEFECT AS PROVIDED HEREIN, ARROWQUIP SHALL HAVE NO LIABILITY REGARDING ANY LOSS SUFFERED BY YOU OR ANY CLAIMS MADE AGAINST ARROWQUIP AS A RESULT OF SUCH USE AND YOU SHALL INDEMNIFY AND HOLD ARROWQUIP HARMLESS WITH RESPECT TO ANY SUCH CLAIMS AND IN RESPECT OF ANY CLAIMS MADE AGAINST ARROWQUIP BY ANY THIRD PARTY AS A RESULT OF SUCH USE.
6.6. YOU UNDERSTAND AND AGREE THAT WHERE ARROWQUIP ACCEPTS A CLAIM, ARROWQUIP DOES SO WITHOUT THEIR ADMITTING AND WITH ARROWQUIP ACTUALLY DENYING ALL OR ANY LIABILITY, AND IN ACCEPTING THE REFUND YOU AGREE THAT THE REFUND SHALL NOT NOW OR AT ANY TIME HEREAFTER BE DEEMED TO BE AN ADMISSION OF LIABILITY ON THE PART OF ARROWQUIP.
7. Terms. Arrowquip does not authorize any other party, including authorized Arrowquip dealers, to make any representation or promise on behalf of Arrowquip to modify the terms, conditions or limitations of this Safety Guarantee in any way.
8. Making a Safety Guarantee Claim. In order to begin a Safety Guarantee claim (the “Claim”), you must:
8.1. Contact Client Care at 1-877-275-6075 or cs@arrowquip.com within seventy-two (72) hours of the occurrence of the Injury.
8.2. Provide proof of purchase of the product that includes your full name, address, the price of the product, and the Arrowquip dealer where the product was purchased.
8.3. At the sole discretion of Arrowquip, you may be required to provide a certified doctor’s note outlining your Injury.
9. Investigation. Once you have started your Claim, Arrowquip reserves the right to launch a full investigation into the Claim. An investigation may include any or all of the following:
9.1. Inspection of the location where the Injury occurred;
9.2. Examining the product that was in use at the time the Injury occurred;
9.3. Taking photographs of the Injury and/or the product; and
9.4. Questioning any parties that were present at the time of Injury.
10. Denial of Claim. Arrowquip reserves the right to deny any Claim in circumstances where:
10.1. the product was not operated and maintained as described in the applicable product manual;
10.2. the product was not operated pursuant to the safety procedures outlined in the applicable product manual;
10.3. the product was operated by a minor at the time of the Injury; or
10.4. any of the terms of this Safety Guarantee have not been complied with.