59
866-795-1586 • WWW.STONEAGETOOLS.COM
TERMS AND CONDITIONS
Warranties set forth herein extend only to End-Users, meaning customers
acquiring, or that have previously acquired, a product manufactured by
StoneAge (“Product”) for their own use and not for resale, either directly from
StoneAge Inc. (“StoneAge”) or from a StoneAge Authorized Dealer or Reseller
(“Dealer”). No warranty of any kind or nature is made by StoneAge beyond
those expressly stated herein.
1.
LIMITED WARRANTY PERIOD.
Subject to the limitations and conditions
hereinafter set forth, StoneAge warrants its Product to be free from defects
in workmanship and material for a period of one (1) year from the date of
purchase by the End-User, provided that the end of the limited warranty
period shall not be later than eighteen (18) months from the date of shipment
of the Product to the Dealer or the End-User by StoneAge (“Limited Warranty
Period”). All replacement parts which are furnished under this Limited
Warranty and properly installed shall be warranted to the same extent as
the original Product under this Limited Warranty if, and only if, the original
parts were found to be defective within the original Limited Warranty Period
covering the original Product. Replacement parts are warranted for the
remainder of the original Limited Warranty Period. This Limited Warranty
does not cover any component part of any Product not manufactured by
StoneAge. Any such component part is subject exclusively to the component
manufacturer’s warranty terms and conditions.
2.
LIMITED WARRANTY COVERAGE.
StoneAge’s sole obligation under
this Limited Warranty shall be, at StoneAge’s option and upon StoneAge’s
inspection, to repair, replace or issue a credit for any Product which
is determined by StoneAge to be defective in material or workmanship.
StoneAge reserves the right to examine the alleged defective Product to
determine whether this Limited Warranty is applicable, and final determination
of limited warranty coverage lies solely with StoneAge. No statement or
recommendation made by a StoneAge representative, Dealer or agent to End-
User shall constitute a warranty by StoneAge or a waiver or modification to
any of the provisions hereof or create any liability for StoneAge.
3.
WARRANTY SERVICE PROVIDERS.
Service and repair of the Product
is to be performed only by StoneAge authorized service representatives,
including Dealers who are authorized repair centers, with StoneAge approved
parts. Information about StoneAge authorized service representatives can
be obtained through the StoneAge website at www.stoneagetools.com/
service. Unauthorized service, repair or modification of the Product or use of
parts not approved by StoneAge will void this Limited Warranty. StoneAge
reserves the right to change or improve the material and design of the Product
at any time without notice to End-User, and StoneAge is not obligated to make
the same improvements during warranty service to any Product previously
manufactured.
4.
WARRANTY EXCLUSIONS.
This Limited Warranty does not cover, and
StoneAge shall not be responsible for the following, or damage caused by
the following: (1) any Product that has been altered or modified in any way
not approved by StoneAge in advance in writing; (2) any Product that has
been operated under more severe conditions or beyond the rated capacity
specified for that Product; (3) depreciation or damage caused by normal
wear and tear, failure to follow operation or installation instructions, misuse,
negligence or lack of proper protection during storage; (4) exposure to fire,
moisture, water intrusion, electrical stress, insects, explosions, extraordinary
weather and/or environmental conditions including, but not limited to lightning,
natural disasters, storms, windstorms, hail, earthquakes, acts of God or any
other force majeure event; (5) damage to any Product caused by any attempt
to repair, replace, or service the Product by persons other than StoneAge
authorized service representatives; (6) costs of normal maintenance parts
and services; (7) damage sustained during unloading, shipment or transit of
the Product; or (8) failure to perform the recommended periodic maintenance
procedures listed in the Operator’s Manual accompanying the Product.
5.
REQUIRED WARRANTY PROCEDURES.
To be eligible for warranty
service, the End-User must: (1) report the Product defect to the entity where
the Product was purchased (i.e. StoneAge or the Dealer) within the Limited
Warranty Period specified in this Limited Warranty; (2) submit the original
invoice to establish ownership and date of purchase; and (3) make the Product
available to a StoneAge authorized service representative for inspection to
determine eligibility for coverage under this Limited Warranty. This Limited
Warranty shall not extend to any person or entity who fails to provide proof of
original purchase from StoneAge or a Dealer. No Product may be returned for
credit or adjustment without prior written permission from StoneAge.
6. DISCLAIMER OF IMPLIED WARRANTIES AND OTHER REMEDIES.
EXCEPT AS EXPRESSLY STATED HEREIN (AND TO THE FULLEST EXTENT
ALLOWED UNDER APPLICABLE LAW), STONEAGE HEREBY DISCLAIMS
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL WARRANTIES,
REPRESENTATIONS OR PROMISES AS TO THE QUALITY, PERFORMANCE
OR FREEDOM FROM DEFECT OF THE PRODUCT COVERED BY THIS
LIMITED WARRANTY. STONEAGE FURTHER DISCLAIMS ALL IMPLIED
INDEMNITIES.
7.
LIMITATION OF LIABILITY.
End-User specifically acknowledges that the
Product may be operated at high speeds and/or pressures, and that as such it
may be inherently dangerous if not used correctly. End-User shall familiarize
itself with all operation materials provided by StoneAge and shall at all times
use and require its agents, employees and contractors to use all necessary
and appropriate safety devices, guards and proper safe operating procedures.
In no event shall StoneAge be responsible for any injuries to persons or
property caused directly or indirectly by the operation of the Product if End-
User or any agent, employee, or contractor of End-User: (1) fails to use all
necessary and appropriate safety devices, guards and proper safe operating
procedures; (2) fails to maintain in good working order such safety devices
and guards; (3) alters or modifies the Product in any way not approved
by StoneAge in advance in writing; (4) allows the Product to be operated
under more severe conditions or beyond the rated capacity specified for the
Product; or (5) otherwise negligently operates the Product. End-User shall
indemnify and hold StoneAge harmless from any and all liability or obligation
incurred by or against StoneAge, including costs and attorneys’ fees, to or by
any person so injured.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, STONEAGE
SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT
LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DIMINUTION OF
VALUE, WORK STOPPAGE, INTERRUPTION OF BUSINESS, RENTAL OF
SUBSTITUTE PRODUCT, OR OTHER COMMERCIAL LOSS EVEN TO THE
EXTENT SUCH DAMAGES WOULD CONSTITUTE DIRECT DAMAGES), WITH
RESPECT TO THE COVERED STONEAGE PRODUCT, OR OTHERWISE
IN CONNECTION WITH THIS LIMITED WARRANTY, REGARDLESS OF
WHETHER STONEAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
IT IS UNDERSTOOD THAT STONEAGE’S LIABILITY, WHETHER IN
CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR
OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE PURCHASE
PRICE PAID BY THE END-USER FOR THE PRODUCT. STONEAGE’S
MAXIMUM LIABILITY SHALL NOT EXCEED, AND END-USER’S REMEDY IS
LIMITED TO EITHER (1) REPAIR OR REPLACEMENT OF THE DEFECTIVE
WORKMANSHIP OR MATERIAL OR, AT STONEAGE’S OPTION, (2) REFUND
OF THE PURCHASE PRICE, OR (3) ISSUANCE OF A CREDIT FOR THE
PURCHASE PRICE, AND SUCH REMEDIES SHALL BE END-USER’S ENTIRE
AND EXCLUSIVE REMEDY.
YOU, THE END-USER, UNDERSTAND AND EXPRESSLY AGREE THAT
THE FOREGOING LIMITATIONS ON LIABILITY ARE PART OF THE
CONSIDERATION IN THE PRICE OF THE STONEAGE PRODUCT YOU
PURCHASED.
Some jurisdictions do not allow the limitation or exclusion of liability for
certain damages, so the above limitations and exclusions may not apply to
you. This Limited Warranty gives you specific legal rights, and you may also
have other rights which vary from jurisdiction to jurisdiction. If any provisions
of this Limited Warranty is held to be invalid or unenforceable, such invalidity
or unenforceability shall not affect the validity or enforceability of the other
portions hereof.
TERMS AND CONDITIONS