TERMS & CONDITIONS
 
Last updated July 13, 2022
 
 
 

This website and any mobile application (collectively, this “Site”) is owned by VYKIN CRUSHERS (“We”, “Us” or “VYKIN”). We are providing you with access to this Site and our online store (together, our “Services”) subject to the following terms and conditions. By browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.

Privacy Policy
Our Privacy Policy, which also governs your visit to Our Site, can be found at Privacy Policy. Please review our Privacy Policy for information on how We collect, use and share information about our users.

Use of This Site
Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.

Account
In order to access some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

Electronic Communication
When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.

User Content
This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites (“User Content”). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  • User Content that displays, describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;
  • User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;
  • User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
  • Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.

Rights in User Content
Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.

Feedback
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Restrictions on Rights to Use
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
  • collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
  • reformat or frame any portion of any Web pages that are part of this Site;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit to other users unsolicited electronic communications, such as “spam,” or otherwise interfere with other users’ enjoyment of the Site;
  • submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
  • use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content offered on this Site other than for your personal, non-commercial use;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
  • use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.

We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

Ownership
As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the “Site Content”), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.

Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract. We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped. When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. All returns are governed by our Return Policy, which can be found at Return Policy. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

Links
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.

Termination
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.

Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims.

Disclaimers
Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.

Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES’ AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES’ GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

Remedies
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.

Severability
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found at Privacy Policy, and any notices regarding the Site.

Questions
Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at: [email protected]

VYKIN Crushers Sales Contract, Terms of Sale, Warranty Terms and Security Contract

This document sets forth the terms and conditions governing the sale of VYKIN Crushers (“Equipment”) by VYKIN Crushers, (“VYKIN”) to the purchaser (“Customer”). By placing an order for Equipment, Customer agrees to be bound by these terms and conditions.

1. PURCHASE AND SALE — VYKIN agrees to sell and Customer agrees to purchase the Equipment described in the Purchase Order, subject to the terms and conditions herein.

2. PRICE AND PAYMENT — The purchase price for the Equipment is as specified in the Purchase Order and is due according to the terms set forth in the attached proposal. No amount may be deducted or offset from the amounts owed to VYKIN unless specifically authorized in writing. Any amount remaining unpaid thirty (30) days after the due date will incur interest at one and one-half percent (1.5%) per month, or eighteen percent (18%) per annum, or the maximum rate permitted by law, whichever is less, commencing from the invoice date. In the event of any payment default, the entire balance shall, at VYKIN’s option, become immediately due and payable.

3. TAX OBLIGATIONS — Customer bears responsibility for all taxes, duties, and governmental charges arising from this transaction. This includes, but is not limited to, sales tax, use tax, excise tax, and any other charges imposed by federal, state, or local authorities. VYKIN may be required to collect and remit certain taxes, which will be added to the invoice. Customer may provide valid tax exemption certificates where applicable.

4. SHIPPING AND DELIVERY — Unless otherwise specified, all shipments are F.O.B. from CA facility. Risk of loss or damage to the Equipment passes to Customer upon delivery to the carrier. Delivery dates are estimates only. VYKIN shall not be liable for delays, damages incurred during transportation or failure to deliver due to circumstances beyond its reasonable control, including but not limited to supply chain disruptions, material shortages, labor disputes, transportation issues, acts of nature, governmental actions, or global emergencies. Acceptance of delivery from the carrier shall constitute acknowledgment that the Equipment arrived in satisfactory condition and a waiver of all claims for damage or delay.

5. TITLE, RISK OF LOSS AND SECURITY INTEREST — Title to the Equipment and risk of loss shall pass to Customer upon full payment and delivery to the carrier, unless otherwise agreed to in writing. Title to the Equipment remains with VYKIN until payment is received in full. Customer grants VYKIN a security interest in the Equipment until fully paid. From delivery until title transfer, Customer bears all risk of loss and must maintain full insurance coverage naming VYKIN as Loss Payee in an amount equal to or exceeding the purchase price. Customer shall execute any documents necessary to perfect VYKIN’s security interest.

6. INSPECTION AND ACCEPTANCE — Customer shall inspect the Equipment immediately upon delivery and notify VYKIN within twenty-four (24) hours of any visible defects, shortages, or shipping damage. Failure to provide such notice constitutes unqualified acceptance of the Equipment. Operation of the Equipment constitutes acceptance regardless of notification period.

7. LIMITED PARTS WARRANTY — VYKIN is committed to providing high-quality crushing equipment and stands behind the craftsmanship of our products. This Limited Parts Warranty demonstrates our commitment to customer satisfaction and ensures that your VYKIN crusher (the “Equipment”) operates reliably. VYKIN warrants to the original purchaser (“Customer”) that the Equipment will be free from defects in materials and workmanship under normal use and proper maintenance for a period of one (1) year from the date of delivery (the “Warranty Period”), or 1,000 hours as measured by the Equipment’s hour meter, whichever occurs first. This warranty covers the replacement of defective parts (“Covered Parts”) that fail within the Warranty Period due to a manufacturing defect, at VYKIN’s sole discretion, excluding defects caused by factors outside of VYKIN’s control, as detailed below. This Limited Parts Warranty applies exclusively to the original purchaser of the Equipment from VYKIN or an authorized VYKIN dealer, as identified in the Sales Contract. This warranty is non-transferable, without VYKIN’s written consent, and applies only to the Customer named in the Sales Contract.

8. WARRANTY PERIOD AND ACTIVATION — The warranty period commences on the date of original delivery and continues for one (1) full year or one thousand (1,000) operating hours as measured by the Equipment’s hour meter, whichever occurs first. For the warranty to be valid: (A.) The Equipment must be properly installed, maintained, and operated within VYKIN’s specified capacity ratings, operating parameters and requirements; (B.) All maintenance must be performed at prescribed intervals using approved parts and procedures; (C.) Written records of all maintenance and repairs must be maintained; (D.) Any failure of a Covered Part must be reported to VYKIN within ten (10) days of its occurrence; (E.) The hour meter must remain functional and unaltered throughout the warranty period.

9. WARRANTY EXCLUSIONS — This Limited Warranty does not cover damage or defects resulting from: (A.) Engines and Powertrains: Engines, transmissions, and related components are typically covered by separate warranties from their respective manufacturers. VYKIN is not responsible for these components. Customer should refer to the engine manufacturer’s warranty for details; (B.) Wear Components: Parts that naturally wear down over time due to normal use are not covered, including but not limited to: hydraulic hoses, belts, bearings, seals, filters, screens, crusher wear parts, magnets, electrical components, paint, and other consumable items such as lubricants, fuels, and filters; (C.) Customer-Caused Damage and Operational Issues: Damage resulting from improper operation, improper use, inadequate maintenance, unauthorized modifications, misuse, abuse, neglect or failure to properly operate or maintain the Equipment according the VYKIN’s instructions; (D.) Consequential Damages: VYKIN is not responsible for any indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use the Equipment, including but not limited to loss of profits, downtime, or loss of production; (E.) Additional Exclusions: Transportation costs, labor expenses, downtime, loss of production, consequential damages, economic loss, cosmetic damage that does not affect the functionality of the Equipment, Equipment used for rental or other commercial purposes, or damage caused by acts of God, natural disasters, war or terrorism.

10. MAINTENANCE REQUIREMENTS FOR WARRANTY COVERAGE — To maintain warranty coverage, the Customer must strictly adhere to VYKIN’s prescribed maintenance schedule. All maintenance must be performed as follows: (A) Daily Inspections: Operators must conduct and document daily inspections including fluid levels, wear components, safety systems, and general operating conditions. Any abnormal conditions must be reported immediately and corrected before continued operation; (B) Scheduled Maintenance: All scheduled maintenance must be performed at intervals specified in the operator’s manual. This includes, but is not limited to: (i) Oil and filter changes using approved lubricants; (ii) Greasing and lubrication of all specified points; (iii) Inspection and adjustment of wear components; (iv) Hydraulic system maintenance and fluid analysis; (v) Electrical system inspections; (vi) Structural inspections; (vii) Magnetic system performance verification; (viii) Safety system functional checks; (C) Documentation Requirements: Complete maintenance records must be maintained showing, this includes but is not limited to: (i) Date and hour meter reading for each service; (ii) Details of all maintenance performed; (iii) Part numbers of all components replaced; (iv) Description of any operational issues; (v) Name and signature of service technician; (vi) Copies of all service invoices and work orders.

11. WARRANTY CLAIM PROCEDURES — When a warranty-related issue occurs, the following procedure must be followed: Initial Notification: Contact VYKIN within ten (10) days of discovering the issue and provide: (a) Equipment serial number and model; (b) Current hour meter reading; (c) Detailed description of the problem; (d) Operating conditions when the issue occurred; (e) Maintenance history relevant to the issue; (f) Supporting photographs or videos; (g) Operator’s observations and relevant details.

12. WARRANTY CLAIM EVALUATION — Upon receipt of a warranty claim, which must include the information outlined in Section 11 (“Warranty Claim Procedures”), VYKIN will undertake a thorough evaluation of the reported issue. This evaluation may involve: (1) Review of Submitted Information: VYKIN will carefully review the information provided by the Customer, including the Equipment’s serial number and model, hour meter reading, detailed description of the problem, operating conditions, maintenance history, and any supporting photographs or videos; (2) Technical Analysis and Investigation: VYKIN’s technical specialists  and engineers may analyze the information and any diagnostic data to understand the nature of the issue and determine its potential cause; (3) Notify Customer with Course of Action: After completing the evaluation, VYKIN will notify the Customer of its decision regarding the warranty claim within a reasonable timeframe, and if the claim is approved, VYKIN will outline the next steps, which may include the provision of replacement parts and/or technical support as described in Section 13 (“VYKIN’s Warranty Obligations”).

13. VYKIN’S WARRANTY OBLIGATIONS — Upon validation of a warranty claim, VYKIN will fulfill its warranty obligations as follows: (1) Replacement Parts: VYKIN will provide replacement parts for the defective Covered Part(s) at no charge to the Customer. (2) Technical Support: VYKIN will provide reasonable technical troubleshooting support to assist with the replacement of the defective Covered Part(s), including access to technical documentation (guidance on install or repair), telephone consultations, and remote diagnostic assistance (where applicable).

14. LIMITATIONS OF WARRANTY REMEDY — The remedies set forth in this warranty are exclusive. VYKIN’s sole obligation and Customer’s exclusive remedy under this warranty are limited to the provision of replacement parts and associated technical support as described above. VYKIN shall not be liable for: (a) Any service, repair or labor costs associated and incurred in the removal, installation, or repair of Covered Part(s); (b) Any transportation costs for parts or Equipment; (c) Field service labor charges; (d) Travel time or mileage expenses; (e) Overtime labor costs (f) Parts expediting charges; (g) Equipment rental during repairs; (h) Production losses or downtime costs; (i) Lost profits or revenue; (j) Damage to processed materials; (k) Consequential or incidental damages; (l) Third-party claims against Customer; (m) Environmental impact or cleanup costs; (n) Any other expenses or costs related to the diagnosis, repair, or replacement of Covered Parts; (o) Any costs not specifically authorized in writing. VYKIN’s maximum liability under this warranty shall not exceed the original purchase price of the Equipment. The determination of whether to repair or replace defective parts shall be made solely by VYKIN.

15. REGISTRATION AND DOCUMENTATION REQUIREMENTS — For this warranty to take effect, Customer must complete and return to VYKIN within thirty (30) days of delivery: A. Warranty Registration Form: Complete all fields including: (a) Equipment model and serial number; (b) Customer’s complete contact information; (c) Installation location and date; (d) Intended application and use; (e) Operating conditions; (f) Dealer information (if applicable); B. Installation Verification: (a) Confirmation of proper installation; (b) Initial startup checklist completion; (c) Operator training documentation; (d) Safety system verification; (e) Performance test results; C. Operation Documentation: (a) Operator qualification records; (b) Safety training acknowledgments; (c) Equipment application description; (d) Site condition verification; (e) Environmental compliance certification.

16. DISPUTE RESOLUTION AND LEGAL REMEDIES — Any controversy or claim arising out of or relating to this warranty shall be resolved as follows: A. Initial Resolution: The parties shall first attempt to resolve any disputes through good-faith negotiations. Customer must provide written notice of any warranty claim or dispute, and VYKIN shall have thirty (30) days to respond with a proposed resolution. The parties shall meet within sixty (60) days of the initial notice to attempt resolution. B. Mediation: If direct negotiations fail to resolve the dispute, the parties agree to submit the matter to mediation before a mutually agreed-upon mediator. Mediation shall take place in Sussex County, New Jersey within ninety (90) days of the initial dispute notice. The parties shall share equally in the cost of mediation. C. Litigation: If mediation fails to resolve the dispute, either party may pursue legal action. The parties consent to exclusive jurisdiction and venue in the state and federal courts of Sussex County, New Jersey. The prevailing party in any legal action shall be entitled to recover reasonable attorney fees and costs.

17. MAINTENANCE RECORD REQUIREMENTS — The following maintenance documentation must be maintained throughout the warranty period: A. Daily Operation Log: The operator must record daily: (a) Operating hours; (b) Material processed; (c) Operating conditions; (d) Performance observations; (e) Any operational issues; (f) Maintenance performed; (g) Fluid levels checked; (h) Wear part inspections; (i) Unusual events or conditions. B. Scheduled Maintenance Documentation: For each maintenance service: (a) Date and hour meter reading; (c) Work performed; (d) Parts replaced; (e) Oil analysis results; (f) Inspection findings; (g) Follow-up requirements; (h) Next service due date.

18. Disclaimer of Warranties — EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED ABOVE, VYKIN MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL USED GOODS ARE SOLD “AS IS” WITHOUT ANY WARRANTY.

19. Limitation of Liability — VYKIN’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE EQUIPMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE EQUIPMENT. IN NO EVENT SHALL VYKIN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE.

20. INDEMNIFICATION — Customer agrees to indemnify and hold harmless VYKIN from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or relating to Customer’s use or operation of the Equipment, except to the extent caused by VYKIN’s negligence or breach of this Agreement.

21. FORCE MAJEURE — VYKIN shall not be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental regulations, and supplier delays.

22. INTELLECTUAL PROPERTY — All designs, specifications, software, and other intellectual property related to the Equipment remain VYKIN’s exclusive property. Customer receives a limited license to use such property solely for operating and maintaining the Equipment. No reverse engineering is permitted.

23. GOVERNING LAW AND DISPUTE RESOLUTION — Any dispute arising from or relating to this Agreement shall be governed by the laws of New Jersey. The parties consent to exclusive jurisdiction and venue in the state and federal courts of Sussex County, New Jersey. Before initiating litigation, parties must attempt to resolve disputes through good-faith negotiation. The prevailing party in any legal action shall be entitled to recover reasonable attorney fees and costs.

24. CANCELLATIONS —Unless otherwise stated, all Equipment is built-to-order, meaning production commences upon receipt and acceptance of a Customer’s purchase order. Due to the made-to-order nature of built-to-order Equipment, cancellations are subject to the following conditions:  (A.) Prior to Production: Orders for Equipment may be cancelled by Customer prior to the commencement of production, subject to a cancellation fee of 25% of the total purchase price;  (B.) After Production Begins: Once production of BTO Equipment has commenced, orders are non-cancellable;  (C.) VYKIN’s Consent: In exceptional circumstances, VYKIN may, at its sole discretion, permit cancellation of an order after production has begun. However, Customer shall be responsible for all costs incurred by VYKIN up to the point of cancellation, including but not limited to raw materials, labor, and engineering costs.

25. RETURNS — Unless otherwise stated, all Equipment is built-to-order, meaning production commences upon receipt and acceptance of a Customer’s purchase order. Due to the made-to-order nature of built-to-order Equipment, returns are subject to the following conditions:  (A.) No Returns: Due to the made-to-order nature of built-to-order Equipment, returns are generally not accepted;  (B.) VYKIN’s Discretion: VYKIN may, in its sole discretion, authorize a return of Equipment in exceptional circumstances, such as a manufacturing defect that cannot be remedied by repair or replacement of parts;  (C.) Return Conditions: Any authorized return is subject to the following conditions: a) subject to inspection by VYKIN to assess its condition; b) a restocking fee of a minimum 30% of the purchase price will be applied to any authorized return; c) customer is responsible for all shipping costs associated with returning the Equipment to VYKIN.

26. MARKETING — Customer grants VYKIN permission to use Customer’s business name, brand, and logos, including any associated trademarks, in its marketing materials and on its website, for the purpose of promoting that Customer is a customer of VYKIN.

27. SEVERABILITY — If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

28. WAIVER — No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

29. NOTICES — All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or sent by reputable overnight courier service, addressed as follows: VYKIN Crushers: 525 RTE 73 N Suite 104, Marlton, NJ 08053.

30. BINDING EFFECT — This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.  

31. COMPLETE AND ENTIRE AGREEMENT — This Agreement, including all sections of the Sales Contract, Security Agreement, and Warranty Terms, constitutes the complete understanding between VYKIN and Customer. No other agreements, written or oral, shall modify or alter the terms contained herein unless signed by authorized representatives of both parties. No amendment to this Agreement shall be effective unless in writing and signed by both parties.

32. EXECUTION AND ACKNOWLEDGEMENT — By placing an order for Equipment, the parties acknowledge that they have read, understand, and agree to be bound by all terms and conditions contained herein.