ENGLISH
15
P/N 192061515
Rev AA April 2019
{6354742:2 }
WARRANTY
LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
INDEMNIFICATION AND SAFE OPERATION
Buyer shall comply with and require its employees to comply with directions set forth in
instructions and manuals furnished by Seller and shall use and require its employees to
follow such instructions and manuals and to use reasonable care in the use and
maintenance of the Goods and any Replacement Parts. Buyer shall not remove or permit
anyone to remove any warning or instruction signs on the Goods or Replacement Parts. In
the event of personal injury or damage to property or business arising from the use of the
Goods or Replacement Parts, Buyer shall within 48 hours thereafter give Seller written
notice of such injury or damage. Buyer shall cooperate with Seller in investigating any such
injury or damage and in the defense of any claims arising therefrom.
If Buyer fails to comply with this section or if any injury or damage is caused, in whole or in
part, by Buyer’s failure to comply with applicable federal or state laws, rules or regulations
safety requirements, Buyer shall indemnify and hold Seller harmless against any claims,
loss or expense for injury or damage arising from the use of the Goods and/or
Replacement Parts.
CMCO Warranty (HOISTS)
A.
Columbus McKinnon Corporation (“Seller”) warrants to the original end user
(“Buyer”) that: (a) for a period of one (1) year from the date of Seller’s delivery
of the goods (collectively, the “Goods”) to the carrier, the electrical components
of the Goods will be free from defects in workmanship and materials; and (b)
for the life of the Goods, the mechanical components of the Goods will be free
from defects in workmanship and materials. In addition, Seller warrants to
Buyer that, for a period of one (1) year from the date of their delivery by Seller
to the carrier, any aftermarket or replacement parts, accessories or
components purchased by Buyer with respect to any Goods (collectively,
“Replacement Parts”) will be free from defects in workmanship and materials.
B.
IN THE EVENT OF ANY BREACH OF ANY SUCH WARRANTY,
SELLER’S SOLE OBLIGATION SHALL BE EXCLUSIVELY LIMITED TO, AT
THE OPTION OF SELLER, REPAIR OR REPLACEMENT, F.O.B. SELLER’S
POINT OF SHIPMENT, OF ANY GOODS OR REPLACEMENT PARTS THAT
SELLER DETERMINES TO HAVE BEEN DEFECTIVE OR, IF SELLER
DETERMINES THAT SUCH REPAIR OR REPLACEMENT IS NOT FEASIBLE,
TO A REFUND OF THE PURCHASE PRICE UPON RETURN OF THE
GOODS OR REPLACEMENT PARTS TO SELLER. NO CLAIM AGAINST
SELLER FOR ANY BREACH OF (i) SUCH WARRANTY WITH RESPECT TO
THE ELECTRICAL COMPONENTS OF ANY GOOD, OR ANY REPLACEMENT
PART, SHALL BE VALID OR ENFORCEABLE UNLESS BUYER’S WRITTEN
NOTICE THEREOF IS RECEIVED BY SELLER WITHIN ONE (1) YEAR FROM
THE DATE OF SELLER’S DELIVERY TO THE CARRIER AND (ii) SUCH
WARRANTY WITH RESPECT TO THE MECHANICAL COMPONENTS OF ANY
GOOD SHALL BE VALID OR ENFORCEABLE UNLESS BUYER’S WRITTEN
NOTICE THEREOF IS RECEIVED BY SELLER WITHIN ONE (1) YEAR FROM
THE DATE THE DATE ANY ALLEGED CLAIM ACCRUES. EXCEPT FOR
THE WARRANTIES SET FORTH ABOVE, SELLER MAKES NO OTHER
WARRANTIES WITH RESPECT TO THE GOODS OR ANY REPLACEMENT
PART, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUALITY AND/OR THOSE ARISING BY STATUTE OR
OTHERWISE BY LAW OR FROM ANY COURSE OF DEALING OR USE OF
TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
C. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY
WITH RESPECT TO ANY GOOD OR REPLACEMENT PART, 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. SELLER’S
MAXIMUM LIABILITY TO BUYER WITH RESPECT TO THE GOODS OR ANY
REPLACEMENT PART SHALL IN NO EVENT EXCEED THE PRICE PAID BY
BUYER FOR THE GOODS OR REPLACEMENT PART THAT ARE THE
SUBJECT OF THE APPLICABLE CLAIM.
D. Seller shall not be liable for any damage, injury or loss arising out of the use of
the Goods or any Replacement Part if, prior to such damage, injury or loss, such
Goods or Replacement Parts are: (1) damaged or misused following Seller’s
delivery to the carrier; (2) not maintained, inspected, or used in compliance with
applicable law and Seller’s written instructions and recommendations; or (3)
installed, repaired, altered or modified (a) with any part or accessory other than
those supplied by Seller or (b) without compliance with such laws, instructions or
recommendations.
E. This warranty is limited and provided only to the original end user.
Each Good
and Replacement Part must be registered within sixty (60) days of receipt
of each product to establish eligibility
. Please register at
www.cmworks.com/hoist-warranty-registration or submit registration card via US
mail.
F. Any action against Seller for breach of warranty, negligence or otherwise in
connection with the electrical components of any Good must be commenced by
Buyer within one (1) year after: (a) the date any alleged claim accrues; or (b) the
date of delivery of the Goods to Buyer, whichever is earlier. Any action against
Seller for breach of warranty, negligence or otherwise in connection with the
mechanical components of any Good must be commenced by Buyer within one
(1) year after the date any alleged claim accrues. Any action against Seller for
breach of warranty, negligence or otherwise in connection with any Replacement
Part must be commenced by Buyer within one (1) year after: (y) the date any
alleged claim accrues; or (z) the date of delivery of the Replacement Part to
Buyer, whichever is earlier.
G. This warranty is contingent upon Buyer’s proper maintenance and care of the
Goods and/or Replacement Parts, and does not extend to normal wear and tear.
Seller reserves the right, at its option, to void this warranty in the event of
Buyer’s use with the Goods and/or Replacement Parts of parts or accessories
other than those supplied by Seller.
Alterations or modifications of equipment and use of non-
Seller replacement parts can lead to dangerous operation and
injury.
TO AVOID INJURY:
• Do not alter or modify equipment.
• Do use only replacement parts manufactured by Seller.
USA:
Ph: (800) 888.0985
•
(716) 689.5400
•
Fax: (716) 689.5644
•
www.cmworks.com
CANADA:
Ph: (877) 264.6478
•
Fax: (877) 264.6477
•
www.cmworks.com
