Warranty
Waukesha Cherry-Burrell
Page 4
95-03057
11/2012
Warranty
Seller warrants its products to be free from defect in materials
and workmanship for a period of one (1) year from the date of
shipment. This warranty shall not apply to products which require
repair or replacement due to normal wear and tear or to products
which are subjected to accident, misuse or improper mainte-
nance. This warranty extends only to the original Buyer. Products
manufactured by others but furnished by Seller are exempted
from this warranty and are limited to the original manufacturer’s
warranty.
Seller’s sole obligation under this warranty shall be to repair or
replace any products that Seller determines, in its discretion, to
be defective. Seller reserves the right either to inspect the prod-
ucts in the field or to request their prepaid return to Seller. Seller
shall not be responsible for any transportation charges, duty,
taxes, freight, labor or other costs. The cost of removing and/or
installing products which have been repaired or replaced shall be
at Buyer’s expense.
Seller expressly disclaims all other warranties, express or
implied, including without limitation any warranty of merchantabil-
ity of fitness for a particular purpose. The foregoing sets forth
Seller’s entire and exclusive liability, and Buyer’s exclusive and
sole remedy, for any claim of damages in connection with the
sale of products. In no event shall Seller be liable for any special
consequential incidental or indirect damages (including without
limitation attorney’s fees and expenses), nor shall Seller be liable
for any loss of profit or material arising out of or relating to the
sale or operation of the products based on contract, tort (includ-
ing negligence), strict liability or otherwise.
Shipping Damage or Loss
If equipment is damaged or lost in transit, file a claim at once with
the delivering carrier. The carrier has signed the Bill of Lading
acknowledging that the shipment has been received from the
seller in good condition. Seller is not responsible for the collection
of claims or replacement of materials due to transit shortages or
damages.
Warranty Claim
Warranty claims must have a
Returned Goods Authorization
(RGA)
from the Seller before returns will be accepted.
Claims for shortages or other errors, exclusive of transit short-
ages or damages, must be made in writing to Seller within ten
(10) days after delivery. Failure to give such notice shall consti-
tute acceptance and waiver of all such claims by Buyer.
