Performance Money-Back Guarantee
The CoPulsation™ Milking System is guaranteed on a performance money-back basis, as follows:
The system (pulsators, electronics, shells, liners etc.) must be installed according to the required procedures and must not be altered or subject to unauthorized repairs. The system must be used exclusively and continuously on the farm for which intended, for a period of six months. During that period of time, all milking cows must be milked with the system on a regular basis. At the end of the six-month period, if all of the criteria hereinafter described are established to the reasonable satisfaction of L R Gehm, LLC. ("Gehm"), the purchaser will have 30 calendar days in which (i) to apply for a refund and (ii) to return all of the system equipment , in good working order, to Gehm.
Such refund will consist of one hundred percent (100%) of the equipment's purchase price (not including any installation, equipment other than CoPulsationTM Milking System, shipping or like charges). The purchaser will be fully responsible for the satisfactory removal and prompt return of the equipment.
Specific criteria, to qualify for the refund:
Purchaser must demonstrate that the system cannot reasonably be expected to achieve a full return of its acquisition cost within two years. For this purpose, true and complete records of the following must be promptly submitted to Gehm, showing data for all 12 calendar months immediately prior to the system's installation and for the 6 calendar months immediately following the installation:
- Somatic cell count, per milk processor's official records.
- Total herd production, per milk processor's official records.
- Butterfat content, per milk processor's official records.
- Cull rate, per applicable federal income tax records.
Data must be submitted for all items for all months under consideration. In the case of the cull rate, if a federal tax return has not yet been filed, the data must be submitted within 10 days after filing (provided that such filing is timely made, without extension), in which event the refund (if any) may be withheld until Gehm has had a reasonable period of time, following such submission, in which to review the data.
NO GUARANTEE OR WARRANTY OF ANY KIND, TYPE OR DESCRIPTION, OTHER THAN THAT SET FORTH HEREINABOVE, IS MADE OR IMPLIED BY GEHM, IN CONNECTION WITH THE COPULSATION™ MILKING SYSTEM. ACCORDINGLY, ANY OTHER EXPRESS OF IMPLIED REPRESENTATION, GUARANTEE OR WARRANTY, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE AND WHETHER STATUTORY OR OTHERWISE, IS SPECIFICALLY DISCLAIMED AND EXCLUDED.