Warranty, licence and regulatory notices

These are the warranty, licence and regulatory texts from the Ditch Assist® installation manuals, unchanged. Questions about a warranty claim: Ditch Assist support, 1-833-DITCH-AS, support@ditchassist.com.

Full Automation and Guidance Only Kits

2.1 Statements & Certifications

Ditch Assist Control Module

Contains Transmitter Module FCC ID: QOQWF121
Contains Transmitter Module IC: 5123A-BGTWF121

Certifications

Compliant to the following specifications:

CE

WF121 is in conformity with the essential requirements and other relevant requirements of the R&TTE Directive (1999/5/EC). The product conforms with the following standards and/or normative documents.

EMC (immunity only) EN 301 489-17 V.1.3.2 in accordance with EN 301 489-1 V1.8.1
Radiated emissions EN 300 328 V1.8.1

FCC and IC

This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:

(1) this device may not cause harmful interference, and
(2) this device must accept any interference received, including interference that may cause undesired operation.

FCC RF Radiation Exposure Statement

This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. End users must follow the specific operating instructions for satisfying RF exposure compliance. This transmitter must not be co-located or operating in conjunction with any other antenna or transmitter. This transmitter is considered as mobile device and should not be used closer than 20 cm from a human body.

IC Statements

This device complies with Industry Canada license-exempt RSS standard(s). Operation is subject to the following two conditions: (1) this device may not cause interference, and (2) this device must accept any interference, including interference that may cause undesired operation of the device.

RF Exposure — Antenna Separation

To comply with FCC and Industry Canada RF radiation exposure limits for general population, the antenna(s) used for this transmitter must be installed such that a minimum separate distance of 20 cm is maintained between the radiator (antenna) and all persons at all times and must not be collocated or operating in conjunction with any other antenna or transmitter.

2.2 End User License Agreement

This End User License Agreement (the “Agreement”) is made between Northern Plains Drainage Systems Ltd (the “Vendor”) and the user, having purchased the Ditch Assist system from an approved vendor (the “Licensee”). Under this Agreement, the Vendor grants the Licensee a non-exclusive and non-transferable license (the “License”) to use Ditch Assist Software, which comprises both the mobile (Android) application and proprietary operating software that is run on the Ditch Assist Control Module (collectively referred to as the “Software”).

1. Grant of License: Upon purchasing the Ditch Assist hardware from an approved vendor, the Licensee is granted a non-exclusive, non-transferable license to use the embedded logic/software and the Ditch Assist mobile application. This License is strictly for the Licensee’s use and does not transfer any ownership rights of the Software to the Licensee.
2. Ownership and Intellectual Property: The Software, including all of its components, the user interface, and any accompanying printed, electronic, and online documentation, remains the exclusive property of the Vendor. All intellectual property rights, including copyright and distribution rights of the Software, are retained solely by the Vendor.
3. Restrictions on Use: The Licensee agrees not to modify, reverse-engineer, or decompile the Software through any currently available or future technology. Any violation of these terms will be considered a substantial breach of this Agreement and may result in its termination.
4. License Fee: The initial purchase price paid by the Licensee for the Ditch Assist hardware includes the entire license fee for the Software. This fee covers the Software’s functionalities as of the time of purchase. If the Vendor introduces new features in the future that result in an increase in the price of the Software, the Vendor reserves the right to offer the Licensee an opportunity to access these additional features as an upgrade for an additional cost.
5. Disclaimer of Warranties: The Software is provided “as is.” The Vendor assumes no liability for any direct, indirect, incidental, or consequential damages that the Licensee may suffer due to the use or failure to use the Software. This includes, but is not limited to, loss of profits, loss of production, loss of data, or any other business or economic losses.
6. No Guarantee of Fitness: The Vendor does not guarantee that the Software will be fit for the Licensee’s particular purpose or requirements, or that its use will be uninterrupted or error-free. The Licensee acknowledges that software, in general, may have bugs or flaws within an industry-accepted level.
7. Termination: This Agreement will be valid from the time the Licensee installs the Software and will continue indefinitely unless terminated. The Agreement may be terminated if the Licensee fails to comply with any of its terms.
8. Force Majeure: In the event of unforeseen and uncontrollable occurrences such as natural disasters, war, or any other force majeure event, the Vendor will not be held liable for failing to fulfill its obligations under this Agreement, provided that the Vendor has taken all reasonable measures to mitigate the impact of such events.
9. External Factors: The Licensee recognizes that external factors beyond the Vendor’s control, such as the accuracy of GPS signals, satellite interference and outages, or the performance of hydraulic systems on which Ditch Assist is installed, may influence the operation of Ditch Assist. The Vendor will not be held responsible or liable for any such occurrences.
10. Governing Law: This Agreement will be governed by the laws of the Province of Manitoba, Canada, and will be enforced or construed in accordance with these laws. Both parties agree to submit to the jurisdiction of the courts of the Province of Manitoba for any disputes or enforcement arising from this Agreement.
11. Software Updates: The Vendor commits to providing updates and maintaining the Software to remain compatible with future hardware and Android OS releases as per industry standards. However, the Vendor does not guarantee that the Software will always be compatible with all future hardware and Android OS releases. The Vendor will provide updates and support for a period of at least one year from the date of purchase. After this period, the Vendor may offer updates and support at its discretion and reserves the right to charge additional fees for such services.
12. Entire Agreement: This Agreement constitutes the complete agreement between the Vendor and the Licensee, superseding all prior agreements or representations, whether written or verbal. Any modifications to this Agreement must be made in writing and signed by both parties. The Vendor’s successors and assigns are bound by the terms of this Agreement.
13. Notifications: All notifications to the Vendor under this Agreement should be sent to the following address: Northern Plains Drainage Systems Ltd, Box 9, Elm Creek, Manitoba, R0G 0N0, Canada.

By installing and using the Software, the Licensee acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement.

2.3 Hardware Warranty Information

The Vendor guarantees that for a duration of 12 months from the “Warranty Start Date” (defined as the date Ditch Assist is purchased from the Vendor or an Authorized Dealer of the Vendor), all hardware components will be free from defects in materials and workmanship when used normally and in accordance with the product’s intended usage and installation.

1. Warranty Coverage: In the event of any hardware failure during normal operation within the 12-month warranty period from the “Warranty Start Date,” the Vendor commits to repairing or replacing the faulty hardware component at no cost to the Licensee. This warranty is the sole and exclusive remedy for any breach of this express warranty.
2. Disclaimer of Additional Warranties: No additional express or implied warranties are offered by the Vendor. THE VENDOR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3. Exclusions from Warranty: The Vendor does not provide a warranty for damages caused by:
   1. Misuse
   2. Alterations
   3. Negligence
   4. Accidents
   5. Vandalism
   6. Natural disasters
   7. Incorrect installation
   8. Improper storage
   9. Any other event outside the normal, intended use and installation of the system
4. Right to Repair or Replace: The Vendor retains the right to repair products that malfunction within the warranty period, particularly when a product failure is reported after successful installation and usage for its intended purpose for any duration of time. The Vendor may require malfunctioning products within the warranty period to be returned for assessment. Products that have been repaired, rebuilt, or replaced will have a warranty for the remaining duration of the original product warranty. Any original product or product components replaced during repair, rebuilding, or replacement will be retained by the Vendor.
5. Software and Firmware: All software and firmware developed and/or provided by the Vendor is sub-licensed “as is.” The Vendor will not be held responsible for any direct, indirect, incidental, or consequential damages, including data loss, resulting from the usage of software and firmware provided by the Vendor.
6. Limitation of Liability: The Vendor’s liability under this warranty is limited to the repair or replacement of defective hardware components. The Vendor shall not be liable for any incidental, consequential, or special damages, including but not limited to loss of profits, loss of production, or loss of data, arising from the use or inability to use the product.
7. Governing Law: This warranty shall be governed by and construed in accordance with the laws of the Province of Manitoba. Any disputes arising under or in connection with this warranty shall be subject to the exclusive jurisdiction of the courts of the Province of Manitoba.
8. Contact Information: For warranty claims or inquiries, please contact:
   1. Northern Plains Drainage Systems Ltd
      Box 9, Elm Creek, Manitoba, R0G 0N0, Canada
      Phone: 1-833-DITCH-AS

By using the Ditch Assist system, the Licensee acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Hardware Warranty Information.

DIG™ Kit

1.5 Environmental & radio-frequency notices

• EMC compliance. The Product contains intentional radiators that comply with FCC Part 15 Subpart B/C and ISED RSS-247/RSS-Gen. Operation is subject to (1) this device not causing harmful interference, and (2) this device accepting any interference received.
• Antenna separation. Maintain a minimum 20 cm (8 in.) separation between the GNSS antenna, the DIG™ ECU module, and all persons during normal operation.
• Operating conditions. ECU enclosures are weather-resistant but not submersible. Avoid exposure to corrosive chemicals, high-pressure washing, or temperatures outside −20 °C to +40 °C. Sensors are IP67-rated for protection against dust and can be submerged in water up to 1 metre (approximately 3.3 feet) for a maximum of 30 minutes.

1.6 Warranty disclaimer & limitation of liability

• No other warranties. Except as expressly stated in the written Limited Warranty accompanying the Product, Northern Plains Drainage Systems Ltd. (“NPDS”) disclaims all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Limitation of damages. In no event shall NPDS or its suppliers be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, downtime, loss of data, personal injury, property damage, or environmental claims, arising out of or related to the use or inability to use the Product, even if advised of the possibility of such damages.
• Maximum liability. NPDS’s total cumulative liability under any circumstance shall not exceed the amount paid by the purchaser for the Product giving rise to the claim.
• User indemnity. The purchaser/operator agrees to defend, indemnify, and hold NPDS, its officers, employees, and agents harmless from and against all claims, liabilities, damages, or expenses (including legal fees) arising from (a) the operator’s misuse or unauthorized modification of the Product, (b) failure to follow instructions or safety warnings, or (c) violation of any law or regulation in connection with the Product’s installation or use.

1.7 Important regulatory & standards references

For additional guidance, operators must consult and comply with:

• ISO 20474-1 — Earth-moving machinery — Safety.
• CSA Z432 / ANSI B11 — Safeguarding of machinery.
• OSHA 29 CFR 1926 Subpart P — Excavations.
• Local radio-equipment regulations (e.g., FCC, ISED, CE).
• The manufacturer’s instructions for the host machine (excavator, backhoe, etc.).

1.8 Acceptance of terms

By installing, powering, or operating the Ditch Assist DIG™ system, you acknowledge that you have read and understood all safety information, warnings, limitations, and responsibilities set forth herein, and agree to operate the Product strictly in accordance with the operator manual, applicable laws, and recognized industry-standard safe-work practices. Failure to do so voids the warranty and may result in severe injury or death.

Limited Warranty — Ditch Assist DIG™

Effective from the date of purchase from an authorised reseller.

Product covered: the Ditch Assist DIG™ grade-guidance system, including the DIG™ module (ECU), angle sensors, GNSS antenna bracket(s) and associated mounting hardware, and factory-supplied software/firmware (collectively, the “Product”).
Warranty provider: Northern Plains Drainage Systems Ltd. (“NPDS”).
Beneficiary: the original end-user purchaser who acquired the Product new from NPDS or an NPDS-authorised dealer (“you”).

2.1 Warranty coverage

NPDS warrants that the Product will be free from defects in materials and workmanship for one (1) year from the date of purchase shown on your original sales invoice (“Warranty Period”). During the Warranty Period, NPDS will, at its sole option and expense, repair or replace any component that NPDS confirms is defective under normal, intended use.

2.2 Exclusions

This Limited Warranty does not cover:

If a reported issue is determined to fall under an exclusion, the repair will be treated as off-warranty (see § 2.5).

2.3 Obtaining warranty service

1. Contact NPDS or your authorised dealer within the Warranty Period and request a Return Material Authorisation (“RMA”).
2. Provide proof of purchase (dated invoice) and a description of the defect.
3. Ship the component(s) freight-prepaid and insured to the address provided with the RMA. NPDS is not responsible for loss or damage in transit.
4. NPDS will examine the returned item(s). If covered, NPDS will repair or replace and return via ground freight at NPDS’s expense. Repaired or replacement items are warranted for the longer of the remainder of the original Warranty Period or 90 days from return shipment. Items deemed non-defective will be returned at your cost.

2.4 Limitations & disclaimers

• Exclusive remedy. Your sole and exclusive remedy under this Limited Warranty is repair or replacement of defective components as described above.
• No other warranties. Except for this express Limited Warranty, NPDS makes no other warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Limitation of liability. To the fullest extent permitted by law, NPDS shall not be liable for any indirect, incidental, consequential, punitive, or special damages (including lost profits, downtime, or loss of data) arising from or relating to the Product, even if advised of the possibility. NPDS’s total liability shall not exceed the price paid for the specific Product giving rise to the claim.
• Consumer-law rights. Some jurisdictions do not allow limitations on implied warranties or incidental/consequential damages. In such jurisdictions, the above limitations apply only to the extent allowed by local law and do not affect statutory rights that cannot be waived.
• Governing law. This Limited Warranty is governed by, and construed in accordance with, the laws of the Province of Manitoba, Canada, without regard to conflict-of-law principles.

2.5 Off-warranty replacement program

Should the Product or any component fail or be damaged outside warranty coverage or after the Warranty Period, NPDS offers an Off-Warranty Replacement Program. Eligible components may be purchased at a reduced price compared with new list cost. Contact NPDS or your authorised dealer for current pricing and RMA instructions.

2.6 Transfer & assignment

This Limited Warranty is non-transferable. Any sale or other transfer of the Product voids remaining warranty coverage unless NPDS, in writing, agrees otherwise.

Keep your original sales invoice

It is required for warranty verification. For service, RMAs, or off-warranty replacement inquiries, contact Northern Plains Drainage Systems Ltd. — Phone: 1-833-DITCH-AS  •  Email: support@ditchassist.com  •  Web: ditchassist.com/support.html. Retain this document for your records.