A. Seller warrants that its products and parts, when shipped, and
operating (including installation, construction and start-up), when
performed, will meet applicable specifi cations, will be of good quality
and will be free from defects in material and workmanship. All claims for
defective mechanical components under this warranty must be made
in writing immediately upon discovery and in any event, within three
(3) years from shipment of the applicable item unless Seller specifi cally
assumes installation, construction or start-up responsibility. All claims
for defective mechanical components when Seller assumes installation,
construction or start-up responsibility and all claims for defective work
must be made in writing immediately upon discovery and in any event,
within three (3) years from completion of the applicable work by Seller,
provided; however, all claims for defective mechanical components must
be made in writing no later than (42) months after shipment. All claims
for defective electrical components under this warranty must be made in
writing immediately upon discovery and in any event, within one (1) year
from shipment of the applicable item unless Seller specifi cally assumes
installation, construction or start-up responsibility. All claims for defective
electrical components when Seller assumes installation, construction or
start-up responsibility and all claims for defective work must be made in
writing immediately upon discovery and in any event, within one (1) year
from completion of the applicable work by Seller, provided; however, all
claims for defective electrical components must be made in writing no
later than eighteen (18) months after shipment. Defective items must be
held for Seller’s inspection and returned to the original f.o.b. point upon
request. THE ‘FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER
WARRANTIES WHATSOEVER, EXPRESS, IMPLIED AND STATUTORY,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD
PARTY WITH RESPECT TO ANY GOOD, WHETHER IN CONTRACT,
TORT OR OTHER THEORY OF LAW, FOR LOSS OF PROFITS OR
LOSS OF USE, OR FOR ANY INCIDENTAL, CONSEQUENTIAL,
SPECIAL, DIRECT OR INDIRECT DAMAGES, HOWSOEVER CAUSED.
B. Upon Buyer’s submission of a claim as provided above and its
substantiation, Seller shall at its option either (i) repair or replace its
product, part or work at either the original f.o.b. point of delivery or
at Seller’s authorized service station nearest Buyer; or (ii) refund an
equitable portion of the purchase price. All claims are to be submitted
in accordance with our published warranty process.
C. This warranty is contingent upon Buyer’s proper maintenance
and care of Seller’s products, and does not extend to normal wear
and tear. Seller reserves the right to void warranty in event of Buyer’s
use of inappropriate materials or application in the course of repair
or maintenance, or if Seller’s products have been dismantled prior to
submission to Seller for warranty inspection at Seller’s authorized
service station.
D. Seller shall not be liable for any damage, injury or loss arising out of
the use of the goods if, prior to such damage, injury or loss, such goods
are: (i) damaged or misused following Seller’s delivery to the carrier; (ii) not
maintained, inspected, or used in compliance with applicable law and
Seller’s written instructions and recommendations; (iii) installed, repaired,
altered or modifi ed without compliance with such laws, instructions or
recommendations; or (4) repaired with parts or accessories other than
those supplied by CMCO.
E. The foregoing is Seller’s only obligation and Buyer’s exclusive remedy
for breach of warranty and is Buyer’s exclusive remedy hereunder by
way of breach of contract, tort, strict liability or otherwise. Any action for
breach of this agreement must be commenced within one (1) year after
the cause of action has accrued.
WARRANTY
WARRANTY AND LIMITATION OF REMEDY AND LIABILITY
© 2014 Columbus McKinnon Corporation. All Rights Reserved.
P/N: 00001996 REV. AC (627NH)
10/14 BJB
Distributed by Ergonomic Partners | [email protected] | (314) 884-8884 | www.ErgonomicPartners.com
Summary of Contents for Lodestar A
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