MDL POWERUP – 3 YEAR WARRANTY TERMS & CONDITIONS
1. Our Warranty
MDL Powerup Ltd provides the following additional warranty on qualifying new machinery supplied by us, subject to these terms, conditions and exclusions.
This warranty is provided in addition to any statutory rights which may apply. It does not exclude, restrict or replace any rights or remedies which cannot lawfully be excluded or restricted.
Unless a product is expressly advertised or sold with different warranty terms, the MDL Powerup 3 Year Warranty is structured as follows:
First 12 Months – Parts & Labour
During the first 12 months from the original date of supply, MDL Powerup will, subject to these terms, repair or replace qualifying components which MDL Powerup reasonably determines have failed as a result of a defect in materials or manufacture.
Where an accepted warranty claim reasonably requires repair work to be carried out by MDL Powerup or a repairer authorised by MDL Powerup, reasonable authorised labour costs will be covered during this period.
Where MDL Powerup determines that transport of the machine is reasonably necessary to carry out an accepted warranty repair, MDL Powerup will determine the appropriate arrangements. Any transport, recovery, collection, delivery or third-party costs for which reimbursement is expected must be authorised by MDL Powerup in advance.
Unauthorised transport, recovery, repair, labour or third-party costs will not be reimbursed under this additional warranty.
Months 13–36 – Parts Only
For months 13–36, the additional MDL Powerup warranty is a parts-only warranty.
Where MDL Powerup accepts that a qualifying component has failed because of a defect in materials or manufacture, MDL Powerup will supply an appropriate replacement part, subject to these terms.
During months 13–36, labour, diagnosis, dismantling, removal, installation, servicing, travel, call-out, recovery, transport, collection, delivery, carriage and other associated costs are not included in this additional warranty and are the customer's responsibility.
Where reasonably appropriate, replacement parts may be supplied directly to the customer for installation by a suitably competent person.
Nothing in this section affects any separate statutory right or remedy which the customer may have.
2. Products Covered
The MDL Powerup 3 Year Warranty applies only to qualifying new machinery supplied by MDL Powerup Ltd and advertised or sold with this warranty.
Products specifically advertised, quoted or sold with different warranty terms are subject to the warranty stated for that product at the time of sale.
The additional 3 Year Warranty does not apply to used, second-hand, part-exchange or ex-hire equipment unless MDL Powerup expressly confirms otherwise in writing.
Ex-demo equipment will only be covered by the 3 Year Warranty where this is expressly stated by MDL Powerup at the time of sale.
This section does not exclude or restrict any statutory rights or remedies which may independently apply.
3. Used Equipment
Unless expressly stated otherwise in writing at the time of sale, used, second-hand, part-exchange and ex-hire equipment is not covered by the additional MDL Powerup 3 Year Warranty or any other voluntary MDL Powerup warranty.
The age, condition, usage, price, description and any defects or matters specifically disclosed before purchase may be relevant to the condition reasonably expected of used equipment.
Nothing in this section excludes or restricts any statutory rights or remedies which cannot lawfully be excluded or restricted.
4. What the 3 Year Warranty Covers
Subject to these terms, the warranty covers qualifying defects in materials or manufacture arising during normal and appropriate use of the machinery within its stated operating specifications.
Whether a failure qualifies for cover will be determined following reasonable inspection and diagnosis by MDL Powerup or, where appropriate, a person authorised by MDL Powerup.
Subject always to any statutory rights which apply, MDL Powerup may satisfy an accepted claim under this additional warranty by repairing the defective component, supplying a replacement component or providing another appropriate remedy.
Replacement parts supplied under this additional warranty do not restart or extend the original warranty period. They are covered for the remainder of the original applicable warranty period, subject to any statutory rights which apply.
5. Batteries
Batteries supplied with qualifying new machinery are covered by an additional MDL Powerup warranty for 12 months from the original date of supply only.
Batteries are not covered by the additional MDL Powerup warranty during months 13–36.
Battery warranty claims remain subject to the exclusions and claim requirements contained in these terms.
This limitation relates only to the additional MDL Powerup warranty and does not affect any statutory rights or remedies which cannot lawfully be excluded or restricted.
6. Consumables, Wear Parts and Soil-Engaging Parts
Consumable items, wear parts, soil-engaging parts and components intended or reasonably expected to wear, deteriorate or require routine replacement through use are excluded from the additional MDL Powerup 3 Year Warranty.
These include, but are not limited to:
blades; flails; hammers; knives; cutting edges; cutting teeth; belts; chains; clutch friction components and linings; filters and filter elements; spark plugs; oils; lubricants; hydraulic fluids; coolants; flap kits; skids; wear pads; scrapers; soil-engaging components; tines; teeth; points; shares; tyres; inner tubes; tracks and other consumable or wear components.
Bearings, bushes, seals, hoses and similar components are not covered where replacement is required as a result of normal wear, deterioration, contamination, inadequate lubrication, incorrect adjustment, lack of maintenance or another excluded cause.
Guards, shields and protective components are not covered for wear, impact, accidental or operational damage.
Nothing in this section excludes or restricts any statutory rights or remedies which cannot lawfully be excluded or restricted.
7. What Is Not Covered by the Additional Warranty
The additional MDL Powerup warranty does not cover faults, failure, deterioration, loss or damage caused or contributed to by:
- normal wear and tear;
- misuse, abuse, neglect or improper operation;
- operation contrary to the operator's manual, safety instructions or other instructions supplied with the machinery;
- use outside the machine's intended purpose or stated operating specifications;
- overloading or exceeding stated tractor, carrier, PTO, hydraulic, power, towing, lifting, load, speed or other operating limits;
- use with an unsuitable or incompatible tractor, vehicle, carrier, power unit or attachment;
- incorrect PTO speed, PTO shaft setup, driveline geometry, linkage setup, hydraulic pressure, hydraulic flow, electrical supply or other connection or setting;
- incorrect assembly, installation, commissioning, adjustment or setup;
- accident, collision, overturning, impact or other external damage;
- foreign objects including stones, rocks, wire, fencing, metal, timber, debris or other unsuitable materials;
- contact with overhead or underground services, cables, pipes or power lines;
- inadequate, incorrect or missed maintenance or servicing;
- failure to perform checks, lubrication, adjustment, servicing or maintenance required by the operator's manual;
- continued operation after a fault, abnormal noise, vibration, leak, overheating, warning or other defect becomes apparent;
- incorrect, contaminated, insufficient or unsuitable fuel, oil, grease, lubricant, hydraulic fluid, coolant or other operating fluid;
- water, dirt, debris or other contamination entering fuel, lubrication, hydraulic, electrical or other systems;
- corrosion, rust, weathering or deterioration caused by storage or environmental conditions;
- fire, flooding, frost or other external causes;
- unauthorised alteration or modification;
- incorrectly performed repair or modification;
- the use or fitment of unsuitable or non-approved parts or accessories where this has caused or contributed to the failure;
- transport, loading, unloading, storage or handling damage not caused by MDL Powerup; or
- any other damage or failure which is not attributable to a qualifying defect covered by this additional warranty.
An exclusion will only be relied upon to the extent permitted by applicable law.
8. Maintenance and Servicing
The customer is responsible for operating, inspecting, maintaining and servicing the machinery in accordance with the operator's manual and any instructions supplied with it.
The customer is also responsible for routine maintenance, adjustments, lubrication, cleaning and replacement of service and wear items.
When investigating a claim, MDL Powerup may request reasonable evidence of servicing, maintenance, setup or operation where this is relevant to the reported failure.
Failure to maintain the machinery does not automatically invalidate the entire additional warranty. However, a claim may be declined where inadequate or incorrect maintenance, servicing, adjustment or operation caused or materially contributed to the failure being claimed for.
9. Engines and Third-Party Components
Certain engines, electrical components or other proprietary components may also be supplied with a separate manufacturer's warranty.
Where an applicable manufacturer's warranty exists, MDL Powerup may ask for relevant information or assistance required to process the matter through the manufacturer's warranty procedure.
Any separate manufacturer's warranty is subject to that manufacturer's own terms, duration, conditions and exclusions.
The existence of a manufacturer's warranty does not exclude any statutory rights the customer may have against MDL Powerup as the seller.
For the avoidance of doubt, batteries are subject to the 12-month additional warranty described in Section 5 above unless expressly stated otherwise in writing.
10. Making a Warranty Claim
If you believe machinery has developed a fault covered by the additional MDL Powerup warranty, contact MDL Powerup as soon as reasonably practicable after discovering the fault and before arranging repairs, dismantling the machinery or returning or transporting it.
We may reasonably ask you to provide information including:
- your name and contact details;
- proof of purchase;
- machine model;
- serial number;
- date of purchase or supply;
- a description of the reported fault;
- photographs and/or video showing the problem;
- information about the tractor, vehicle, carrier or power unit being used;
- information concerning the setup and operation of the machinery;
- information concerning how and when the fault occurred; and
- relevant servicing and maintenance information where reasonably required.
Customers should stop using machinery where continued operation could cause further damage or create a safety risk.
No third-party repair, labour, dismantling, recovery, collection, transport, carriage, call-out or other cost should be incurred on the assumption that MDL Powerup will reimburse it under this additional warranty unless MDL Powerup has authorised that cost in advance.
Nothing in this claims procedure is intended to impose an unlawful restriction or onerous condition upon the exercise of a consumer's statutory rights.
11. Inspection and Diagnosis
MDL Powerup may reasonably require the machine, component or allegedly defective part to be made available for inspection before accepting a claim under the additional warranty.
Where appropriate, initial diagnosis may be carried out remotely using photographs, video, telephone support or other information provided by the customer.
MDL Powerup may also require reasonable diagnostic checks to establish the cause of a reported failure.
If inspection or diagnosis establishes that the fault is not covered by the additional warranty, any repair, replacement, diagnosis, collection, delivery, transport or other work subsequently requested by the customer may be chargeable.
Where appropriate, the customer will be advised before chargeable repair work is undertaken.
12. Transport, Recovery and Return Costs
During the first 12 months, where MDL Powerup accepts a claim under this additional warranty and determines that transportation of the machinery is reasonably necessary to carry out the accepted warranty repair, MDL Powerup will determine the appropriate repair or transport arrangements.
Customers must obtain authorisation from MDL Powerup before arranging transport, collection, recovery or third-party services where reimbursement under the additional warranty is expected.
During months 13–36, the additional warranty is parts only. Transport, collection, delivery, recovery, travel, carriage, diagnosis, removal and installation costs are therefore the customer's responsibility.
Nothing in this section limits any separate right or remedy, including responsibility for costs, which applicable law requires MDL Powerup to provide.
13. Repairs and Replacement Parts
MDL Powerup may use new or suitable replacement components when carrying out a repair under the additional warranty, subject to applicable law.
Where appropriate, a replacement part may be supplied for installation by a suitably competent person.
Parts removed and replaced by MDL Powerup under an accepted warranty claim may be retained by MDL Powerup.
Supplying or fitting a replacement component does not restart the original machine warranty period. The original applicable warranty expiry date remains unchanged, subject to any statutory rights which apply.
14. Business, Agricultural, Contracting and Professional Customers
Where machinery is purchased wholly or mainly for business, trade, agricultural, contracting or professional purposes, the purchaser is a business customer for the purposes of these warranty terms and consumer legislation will not generally apply.
For business customers, the additional MDL Powerup warranty is limited to the cover expressly stated in these terms.
Subject to applicable law and any separate contractual terms governing the sale, MDL Powerup will not be liable under this additional warranty for indirect, special or consequential losses or for loss of profit, revenue, business, contracts, anticipated savings, production, crops, use of machinery, use of a tractor or vehicle, business opportunity or goodwill, nor for business interruption, downtime, operator or labour downtime, substitute or replacement machinery hire, delay costs or third-party penalties.
Nothing in these warranty terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or limited.
Any exclusion or limitation which is subject to a statutory requirement of reasonableness applies only to the extent that it satisfies that requirement.
15. Consumers and Statutory Rights
The MDL Powerup 3 Year Warranty is an additional commercial guarantee. It is separate from the customer's statutory rights.
If you purchase as a consumer, goods supplied by MDL Powerup must meet the requirements imposed by applicable consumer law, including requirements concerning satisfactory quality, fitness for purpose and conformity with description.
Your statutory rights are not affected by this warranty.
Nothing in these warranty terms excludes, restricts or replaces any consumer right or remedy which cannot lawfully be excluded or restricted.
The expiry of this additional warranty does not by itself determine whether a customer has any separate statutory right or remedy.
16. Original Purchaser and Transfer
The additional MDL Powerup 3 Year Warranty is provided to the original purchaser of the qualifying new machinery and is not transferable to a subsequent owner unless MDL Powerup expressly agrees otherwise in writing.
This restriction applies only to the additional MDL Powerup warranty and does not affect any rights which another person may independently have under applicable law.
17. Warranty Period
The additional warranty begins on the original date the qualifying new machinery is supplied to the original purchaser and expires 36 months later.
Subject to these terms:
Months 0–12: qualifying parts and authorised reasonable labour, together with transport where expressly accepted by MDL Powerup as covered under this warranty.
Months 13–36: qualifying replacement parts only.
Batteries: maximum additional warranty period of 12 months from the original date of supply.
Consumable, wear and soil-engaging items: excluded from the additional 3 Year Warranty.
Used, second-hand, part-exchange and ex-hire equipment: excluded from the additional 3 Year Warranty unless expressly stated otherwise in writing.
Any product specifically advertised or sold with different warranty terms is subject to the warranty stated for that product at the time of sale.
18. Territorial Coverage
Unless MDL Powerup expressly agrees otherwise in writing, the additional MDL Powerup warranty applies to qualifying machinery originally purchased directly from MDL Powerup Ltd for use in the United Kingdom.
Customers purchasing machinery for use outside the United Kingdom should obtain written confirmation from MDL Powerup before purchase of any additional warranty arrangements which will apply.
This territorial restriction applies to the additional MDL Powerup warranty and does not restrict any rights which cannot lawfully be restricted.
19. Warranty Provider and Contact Details
The provider and guarantor of the additional MDL Powerup warranty is:
MDL Powerup Ltd
1B Barras Lane
Carlisle
Cumbria
CA5 7NY
United Kingdom
Company No: 07135552
VAT No: GB 991 859 847
Telephone: 01228 712121
Email: info@mdlpowerup.com
Warranty claims and enquiries should be made using the contact details above.