February 2,1998

1 (2)
the aggregate, arising out of any Attn: Warranty Handler/TORO
TAMROCK EQUIPMENT contract, exceed the purchase price Vahdontie 19
payable under the contract for such FIN-20100 TURKU, FINLAND
WARRANTY part in which the liability shall
arise. or
1.TAMROCK (as defined in clause 1 of
the General Conditions of Sale) 5.No claim will be considered, and this Tamrock Loaders Inc.
warrants new drill rigs, LHDs and warranty will be considered null and Attn: Warranty Handler/EJC
dump trucks supplied by TAMROCK to void, if other than GENUINE TAMROCK 4445 Fairview Street
be free from defects in material SPARE PARTS are used in the equipment BURLINGTON, ONTARIO
and workmanship. or if GENUINE TAMROCK SPARE PARTS are CANADA L7L 2A4.
dismounted and used in another
2.The warranty periods for PRODUCT than the PRODUCT originally APPEAL PERIOD FOR EACH TAMROCK’S
a)drill rigs, except rock supplied to the PURCHASER by TAMROCK. DECISION IN WARRANTY CLAIM IS THIRTY
drills,twelve (12) months; (30) DAYS AS OF THE DATE OF DECISION
b)hydraulic rock drills twelve (12) 6.Warranty claims should be sent in AFTER WHICH THE SAID DECISION IS FINAL.
months or one thousand (1000) writing using a "Tamrock Warranty
percussion hours, whichever Claim" form. Warranty claims 10.This warranty is in lieu of all
comes first; concerning the failure in rock drills other warranties or conditions
c)hydraulic rock drills mounted on should also include the "Drifter express, implied or statutory,
used drill rig six (6) months or Failure Report" form. The forms shall including, but not limited to
five hundred (500) percussion be completely filled in and be warranties of merchantability and
hours, whichever comes first; delivered to TAMROCK within thirty fitness for a particular purpose. No
d)pneumatic rock drills six (6) (30) days from the time when the other warranties express or implied
months or ten thousand (10 000) PURCHASER discovers or should have are given unless they are expressly
drilled meters, whichever comes discovered the alleged defect. Only given by TAMROCK in writing.
first. one failure should be reported for
each claim. The warranty claim form This warranty shall not be suspended
The warranty periods for LHDs and dump should be sent to the following on the grounds of non-use,
trucks are as follows: address: intermittent use or for any other
a)twelve (12) months or two thousand reason.
(2000) operating hours, whichever a) drill rigs:
comes first. Tamrock Oy
Tampere Plant Service
All the above mentioned periods are Attn: Warranty Handler
calculated from the date of start-up P.O.Box 100
inspection at the first end user. Under FIN-33311 TAMPERE,
no circumstances will the warranty FINLAND
period exceed eighteen (18) months from E-mail X.400: G=TAMPERE,
the delivery to PURCHASER. Any S=WARRANTY, P=TAMROCK,
liability whatsoever to any party other A=MARK400, C=FI
than the first end user is expressly Internet:
disclaimed. tampere.warranty@tamrock.fi

The start-up inspection form shall be b) LHDs and dump trucks:

filled in and sent to TAMROCK within Tamrock Oy
thirty (30) days from start-up Turku Plant
inspection. Attn: Warranty Handler/TORO
P.O.Box 434
FIN-20101 TURKU, FINLAND
3.This warranty does not cover: E-mail X.400: G=TURKU, S=WARRANTY,
a)natural wear and tear of the P=TAMROCK-LOADERS, A=MARK400, C=FI
equipment, normal maintenance service Internet: turku.warranty@tamrock.fi
such as engine tune-ups, adjustments or
and inspections or normal replacement Tamrock Loaders Inc.
items (such as service filters), and Attn: Warranty Handler/EJC
damage resulting therefrom; 4445 Fairview Street
BURLINGTON, ONTARIO
b)consumables such as seals, filters, CANADA L7L 2A4
hoses, v-belts, tyres, fittings, E-mail X.400: G=BURLINGTON,
screws, bolts, washers and rock S=WARRANTY, O=QUIKCOMM,
drill connecting pieces, chucks, OU1=ROCKMAIL, A=MARK400, C=US
diaphragms etc.;
Internet:
c)parts which can be repaired or warrantyburl@rockmail.geis.com
corrected with
minimum action such as changing of 7.The obligation of TAMROCK under this
seals, warranty is limited at receiver's
tightening or adjustment etc.; option, to

d)damage caused by breakage of the a)replace the part, free of charge, DDU
shank adaptor; at the place of business of the
TAMROCK distributor (Incoterms 1990)
e)damage caused by the PURCHASER's or
failure to store, maintain or operate b)refund the part at its stock
the equipment properly, or due to replenishment
overloading or failure to pay proper order price.
attention to service and operating
instructions or caused by accident; The warranty of a replaced or repaired
part expires at the same time as the
f)damage caused by negligence or original warranty of the supplied
failure of PURCHASER to maintain the equipment.
equipment in accordance with TAMROCKs
maintenance recommendations; The PURCHASER shall retain the claimed
part or PRODUCT for three (3) months,
g)any defects in materials provided by excluding pumps and valves which shall
the PURCHASER or any defects caused be retained until claim is settled, for
by design stipulated by the TAMROCK's inspection and on request the
PURCHASER; alleged defective part shall be sent as
directed by TAMROCK and at TAMROCK'S
h)any parts or components manufactured cost to a destination designated by
or supplied by third parties or TAMROCK. No part or PRODUCT may be
damage caused by such parts or returned to TAMROCK without TAMROCK'S
components to the PRODUCTS; prior written consent. After warranty
handling, the title to the defective
i)any costs such as work, travel and parts shall be transferred to TAMROCK.
similar costs or any transportation;

j)any indirect or consequential damage Parts return addresses:

including but not limited to loss of
profit, loss of production, loss of a)drill rigs:
use of equipment; Tamrock Oy
Tampere Plant Service
k)product improvements made by TAMROCK. Attn: Warranty Handler
Pihtisulunkatu 9
FIN - 33310 TAMPERE
Warranty claims worth under USD
FINLAND
twentyfive (25) are not considered by
TAMROCK.

4.Under no circumstances and in no b)LHDs and dump trucks:

conditions, shall TAMROCK's liability Tamrock Oy
whether in respect of one claim or in Turku Plant
 February 2,1998
2 (2)
SCHEDULE 2 to TAMROCK within thirty (30) days
from the time when the PURCHASER
discovers or should have discovered
TAMROCK SPARE PARTS the alleged defect. The date of the
Spare Part delivery to the end user
WARRANTY must be proved in writing. Only one
failure should be reported for each
claim. The warranty claim form should
be sent to the following address:
1.TAMROCK (as defined in clause 1 of
the General Conditions of Sale) a)Drill rigs:
warrants new spare parts supplied by Tamrock Oy
TAMROCK to be free from defects in Drills Service
material and workmanship in Attn: Warranty Handler
accordance with industry standards P.O.Box 100, FIN - 33311 TAMPERE
current at the time of sale when the FINLAND
parts are used as a part of TAMROCK E-mail X.400: G=TAMPERE, S=WARRANTY,
PRODUCTS. P=TAMROCK, A=MARK400, C=FI
Internet: tampere.warranty@tamrock.fi
2.The warranty periods are as follows:

The warranty period is three (3) b)LHDs and dump trucks:

months from the date of delivery to Tamrock Oy Turku Plant
the end user. Attn: Warranty Handler
P.O.Box 434
Any liability whatsoever to any party FIN - 20101 TURKU FINLAND
other than the first end user is
E-mail X.400: G=TURKU, S=WARRANTY,
expressly disclaimed.
P=TAMROCK-LOADERS, A=MARK400, C=FI
The warranty of a replaced or Internet: turku.warranty@tamrock.fi
repaired part expires at the same
time as the original warranty of the or
supplied equipment.
Tamrock Loaders Inc.
3.In order to be able to avail himself Attn: Warranty Handler
of the rights under this Warranty, 4445 Fairview Street
the PURCHASER shall notify TAMROCK in BURLINGTON, ONTARIO L7L 2A4 CANADA
writing without delay of any defects E-mail X.400: G=BURLINGTON,
that have appeared and shall give S=WARRANTY, O=QUIKCOMM, OU1=ROCKMAIL,
TAMROCK every opportunity of A=MARK400, C=US
inspecting and remedying them. Internet:
warrantyburl@rockmail.geis.com
4.On receipt of notification of a
warranted defect, TAMROCK shall 9.The obligation of TAMROCK under this
remedy the defect at its own warranty is limited at receiver's
discretion and expense. option, to
a)replace the part, free of charge, DDU
5.This warranty does not cover: at the place of business of the
TAMROCK distributor (Incoterms 1990)
a)natural wear and tear of the part or or
PRODUCTS, normal maintenance service b)refund the part at its stock
such as engine tune-ups, adjustments replenishment order price.
and inspections or normal replacement
items (such as service filters), and The PURCHASER shall retain the claimed
damage resulting therefrom; part or PRODUCTS, excluding pumps and
valves which shall be retained until
b)consumables such as seals, filters, claim is settled, for three (3) months
hoses, tyres, fittings, etc.; for TAMROCK's inspection and on request
the alleged defective part shall be
c)parts which can be repaired or sent as directed by TAMROCK and at
corrected with minimum action such as TAMROCK'S cost to a destination
changing of seals, tightening or designated by TAMROCK. No part or
adjustment etc.; PRODUCT may be returned to TAMROCK
without TAMROCK'S prior written
d)damage caused by the PURCHASER's consent. After warranty handling, the
failure, inter alia, to store, title to the defective part will be
maintain or operate the spare part or transferred to TAMROCK.
PRODUCTS properly, or due to
overloading or failure to pay proper Parts return address:
attention to service and operating
instructions or caused by accident; a)Drill rigs:
Tamrock Oy
e)damage caused by, inter alia, Tampere Plant Service
negligence or failure of PURCHASER to Attn: Warranty Handler
maintain the spare part or PRODUCT in Pihtisulunkatu 9
accordance with TAMROCK’s maintenance FIN - 33310 TAMPERE FINLAND
recommendations;
b)LHDs and dump trucks:
f)any defects in materials provided by Tamrock Oy Turku Plant
the PURCHASER or any defects caused Attn: Warranty Handler
by design stipulated by the Vahdontie 19
PURCHASER; FIN - 20360 TURKU FINLAND

g)any costs such as work, travel and or

similar costs or any transportation;
Tamrock Loaders Inc.
h)any indirect or consequential damage Attn: Warranty Handler
including but not limited to loss of 4445 Fairview Street
profit, loss of production, loss of BURLINGTON, ONTARIO L7L 2A4 CANADA.
use of equipment.
APPEAL PERIOD FOR EACH TAMROCK’S
Warranty claims worth under USD DECISION IN WARRANTY CLAIM IS THIRTY
twentyfive (25) are not considered by (30) DAYS AS OF THE DATE OF DECISION
TAMROCK. AFTER WHICH THE SAID DECISION IS FINAL.

6.In no event shall TAMROCK's liability This warranty is in lieu of all other
for any singular or aggregate claim warranties or conditions express,
arising under any contract or implied or statutory, including, but
otherwise exceed the contract not limited to warranties of
purchase price of the part from which merchantability and fitness for a
the liability arises. particular purpose. No other warranties
express or implied are given unless
7.No claim will be considered, and this they are expressly given by TAMROCK in
warranty will be considered null and writing.
void, if other than genuine TAMROCK
Spare Parts and all consumables as This warranty shall not be suspended on
originally installed by TAMROCK are the grounds of non-use, intermittent
used in the PRODUCT. use or for any other reason.

8.Warranty claims should be sent in

writing using a "Tamrock Warranty
Claim" form. The forms shall be
completely filled in and be delivered