Except as provided herein, Tulga® Fifth Wheel (“Tulga”) warrants to the first user only (“First User”) that each new Tulga fifth wheel sold in North America will be free from defects in material and workmanship for five years from the date of manufacture by Tulga.
This Limited Warranty does not cover failures due to:
Tulga cannot guarantee the service life of any fifth wheel plate since service life can vary with application, usage, maintenance, environment, and other factors beyond Tulga’s control. Written authorization from Tulga must be obtained before replacing or returning any part under this Limited Warranty. All requests for reimbursement must be submitted within 45 days of the repair. Except as provided herein, Tulga warrants the performance of each new Tulga fifth wheel sold in North America that is used in a “standard duty application” for five years from the date of manufacture by Tulga. A “standard duty application” requires that (i) the vehicle is used 100% on highways with more than 30 miles (48.3 kilometers) between each couple, (ii) the vehicle does not exceed a gross combined vehicle weight of 95,000 pounds (43,000 kilograms), (iii) the total number of towed axles does not exceed two and (iv) the road type is maintained concrete or asphalt.
Tulga warrants that each fifth wheel covered hereunder shall operate as described in the appropriate Tulga Instruction Handbook and that the locking mechanism (jaw & wedge) will wear properly on the semi trailer kingpin when the fifth wheel is adjusted in accordance with Tulga’s instructions. Tulga fifth wheels are designed and manufactured for use with SAE 2” trailer kingpins that conform to SAE specification (SAE J700, February 1993) and are subject to the wear limits of SAE specification (SAE J2228, June 1993).
If any new Tulga fifth wheel does not perform as warranted in this Limited Warranty or if there is any defect in material and workmanship in any fifth wheel covered by this Limited Warranty, as determined by Tulga, Tulga will, at its option, provide First User with replacement parts or reimburse First User for the reasonable cost of replacement parts, up to the amount of the documented original purchase price of the fifth wheel. All labor costs are excluded. Tulga may require the unit or part be returned to Tulga’s factory or a Tulga authorized representative for evaluation and inspection. All freight to and from Tulga or a Tulga authorized representative must be prepaid by First User.
This is Tulga’s only warranty. This warranty supersedes all prior Tulga warranties. Tulga makes no other warranty of any kind, expressed or implied. All implied warranties or merchantability and/or fitness for a particular purpose are hereby disclaimed by Tulga and excluded. This Limited Warranty may not be changed except in writing by an authorized officer of Tulga. Any action for any alleged breach of this Limited Warranty must be commenced within one year after such alleged breach occurred or shall be forever barred. The remedies stated above shall be exclusive for any and all claims by the First User, or anybody claiming through the First User, against Tulga, whether based on contract, negligence, tort, or any other theory. In no event shall Tulga be liable for any incidental or consequential damages, losses, or expenses. This limited warranty gives First User specific legal rights, and First User may also have other rights, which may vary depending on the state, province or country where the truck is registered.