Warranty
Waukesha Cherry-Burrell
Page 4
95-03077
April 2005
Waukesha Cherry-Burrell 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 maintenance. 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 products 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
merchantability 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 (including 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 WCB in good condition. WCB 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 shortages or damages, must be made in writing to Seller within
ten (10) days after delivery. Failure to give such notice shall constitute acceptance and waiver of all such claims by Buyer.