14
SAMPLE
Certificate for Lifetime Warranty
for
Holmatro hydraulic rescue tools
Warranty:
Holmatro
®
hydraulic rescue tools, parts and accessories are guaranteed against defects in material and workmanship for as long as owned by
the original purchaser.
The identity of the original purchaser and the date of purchase shall be established in each case by the return of the properly completed
warranty registration card.
Warranty Terms:
The obligations of
Holmatro
under this warranty include free replacement of the necessary parts and the shipping costs to return the equipment to the user,
provided the inspection of the equipment has proved that the parts were defective at the time of purchase or were improperly designed or manufactured. The
warranty inspection can only be performed by a
Holmatro
®
service center
and shipping costs to a
Holmatro
®
service center
will be for purchaser's account.
Said warranty shall remain in effect only if (1) such goods are used normally and properly in accordance with
Holmatro
®
instructions as to maintenance and
operation, whether given orally or set forth in manuals and instruction sheets furnished by
Holmatro,
and (2) the purchaser gives prompt notice to
Holmatro
of
any such defects and preserves and turns over all allegedly defective goods, parts or items.
Exclusions:
This warranty covers all defects in material and workmanship except:
Any damage occurring during shipments of the goods (for which claims shall be presented to the carrier).
Normal wear and tear parts and consumable parts and items including (without limitation) with respect to hydraulic tools, wearable parts
and accessories, all seal ring, plunger blocks, couplings and cutter blades.
Goods sold but not manufactured by
Holmatro
, such as the Briggs & Stratton engine (for which
Holmatro
shall make available to
purchaser those warranties made available to
Holmatro
by the manufacturer).
Damage caused by abuse, improper use or corrosion.
Damage caused by repairs performed by persons other than a
Holmatro
®
service center
or an official
Holmatro
®
factory-trained
distributor or damage resulting from the use of parts other than genuine
Holmatro
®
parts.
Damage as the result of improper or neglected reasonable maintenance.
THE WARRANTY STATED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, AND
HOLMATRO
EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS, PERFORMANCE OR SUITABILITY FOR A PARTICULAR PURPOSE.
Limitation of Damages:
Holmatro's
obligation under this warranty is limited to repair and/or replacement, at
Holmatro's
option, of any defective
Holmatro
®
tool, part, accessory or item,
and under no circumstances, whether due to a breach of any warranty hereunder or any other cause, and whether arising in contract or in tort (including
negligence or strict liability) shall
Holmatro
be liable for (1) consequential or indirect loss or damage including, but not limited to, loss of profits, loss of
production, plant downtime, or liabilities to customers or other third parties, or (2) loss or damage arising out of the sole or contributory negligence of the
purchaser, its employees or agents, or any third party, or (3) any special or punitive damages of any nature. If
Holmatro
determines, in its sole and final
discretion, that the nature of the defect precludes remedy by repair and/or replacement,
Holmatro
reserves the right to satisfy any warranty obligation by
refunding the full purchase price, on return of all defective goods to Holmatro, shipping costs prepaid. Any action for breach of warranty or other action must be
commenced within
one
year after such cause of action arises, except where applicable law would prohibit any such time restriction on the bringing of such an
action.
Notices:
For all notices, information and inquiries concerning this warranty or
Holmatro
®
service centers
contact:
Holmatro, Inc.
505 McCormick Drive
Glen Burnie, MD 21061
phone: 410-768-9662
fax: 410-768-4878
