Tulsa Winch Limited Warranty
Effective 8/1/2008
S
UPERSEDES ALL PRIOR WARRANTIES
Seller warrants that each article (whether Gear Drive Products, Brake Products and/or Winch Products, all of which are covered hereunder) sold under
this order shall at the time of shipment (i) conform to applicable specifications, and (ii) be free from defects in material and workmanship during normal
and ordinary use and service (the "W arranty").
Buyer's exclusive remedy and Seller's sole obligation under this Warranty shall be, at Seller's option, to repair or replace any article or part thereof which
has proven to be defective, or to refund the purchase price of such article or part thereof. Buyer acknowledges that Buyer is knowledgeable concerning
the articles covered by this Warranty and sold in connection therewith which are being purchased, that Buyer has reviewed this Warranty and that the
remedies provided hereunder are adequate and acceptable to Buyer.
This Warranty shall expire one (1) year from the date the article is first shipped by Seller. Notice of claimed breach of this Warranty must be given by
Buyer to Seller within the applicable period. Such notice shall include an explanation of the claimed warranty defect and proof of date of purchase of the
article or part thereof for which warranty coverage is sought. No allowances shall be made by Seller for any transportation, labor charges, parts, "in and
out" costs, adjustments or repairs, or any other work, unless such items are authorized in writing and in advance by Seller. Nor shall Seller have any
obligation to repair or replace items which by their nature are expendable.
If an article is claimed to be defective in material or workmanship, or not to conform to the applicable specifications, Seller will either examine the article
at Buyer's site or issue shipping instructions for return to Seller. This Warranty shall not extend to any articles or parts thereof which have been
installed, used, or serviced otherwise than in conformity with Seller's applicable specifications, manuals, bulletins, or instructions, or which shall have
been subjected to improper installation, operation, or usage, misapplication, neglect, incorrect installation, overloading, or employment for other than
normal and ordinary use and service. This Warranty shall not apply to any article which has been repaired, altered or disassembled, or assembled by
personnel other than those of Seller. This Warranty shall not apply to any article upon which repairs or alterations have been made (unless authorized
in writing and in advance by Seller). This Warranty shall not apply to any articles or parts thereof furnished by Seller to Buyer's specifications and/or
furnished by Buyer or acquired from others at Buyer's request.
SELLER MAKES NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTIES OF ANY KIND, OTHER THAN THE WARRANTY EXPRESSLY
SET FORTH ABOVE. SUCH WARRANTY IS EXCLUSIVE AND IS MADE AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Buyer expressly agrees that Seller is not responsible to perform any work or investigation related in any way to torsional vibration issues and is not
responsible for the detection or remedy of Natural Frequency Vibration of the mechanical system in which the unit is installed. Buyer acknowledges,
understands and agrees that this Warranty does not cover failures of the unit which result in any manner from the operation of the machine or unit at
vibration frequencies at or near the natural frequency vibration of the machine in such a way that damage may result. Buyer expressly agrees that Seller
is not responsible for failure damage or accelerated wear caused by machine or ambient vibration. Further, Buyer acknowledges and agrees that Buyer
is always solely responsible for determination and final approval of the “
application factor”
which may be used in Seller’
s calculations, and this
application factor is 1.0 unless otherwise stated in Seller’
s quotation specifications.
The remedies for this Warranty shall be only those expressly set forth above, to the exclusion of any and all other remedies of whatsoever kind. The
limited remedies set forth above shall be deemed exclusive, even though they may fail their essential purpose. No agreement varying or extending the
foregoing Warranty, remedies, exclusions, or limitations shall be effective unless in a writing signed by an executive officer of Seller and Buyer. This
Warranty is non-transferable. If a party who had purchased articles from Buyer, or from persons in privity with Buyer, brings any action or proceeding
against Seller for remedies other than those set forth in this Warranty, Buyer agrees to defend Seller against the claims asserted in such action or
proceeding at Buyer’
s expense, including the payment of attorneys’
fees and costs, and indemnify Seller and hold Seller harmless of, from and against
all such claims, actions, proceedings or judgments therein. Buyer also agrees to defend and indemnify Seller of, from and against any loss, cost,
damage, claim, debt or expenses, including attorneys’
fees, resulting from any claims by Buyer or third parties to property or injury to persons resulting
from faulty installation, repair or modification of the article and misuse or negligent operation or use of the article, whether or not such damage to
property or injury to persons may be caused by defective material, workmanship, or construction
.
ADVISORY
:
Winches and hoists are not approved
for lifting or handling personnel or persons unless specifically approved in writing from Seller for the specific intended application.
Under no circumstances shall Seller be liable (i) for any damage or loss to any property other than the warranted article or part thereof, or (ii) for any
special, indirect, incidental, or consequential damage or loss, even though such expenses, damages, or losses may be foreseeable.
The foregoing limitations on Seller's liability in the event of breach of warranty shall also be the absolute limit of Seller's liability in the event of Seller's
negligence in manufacture, installation, or otherwise, with regard to the articles covered by this Warranty, and at the expiration of the Warranty period as
above stated, all such liabilities shall terminate. Buyer’
s purchase of any article(s) covered by this Warranty shall constitute acceptance of the terms
and conditions hereof and shall be binding upon Buyer and Buyer’
s representatives, heirs and assigns. The laws of the State of Oklahoma shall govern
Buyer’
s rights and responsibilities in regard to this Warranty and the transaction(s) subject thereto, and the State of Oklahoma shall be the exclusive
forum and jurisdiction for any action or proceedings brought by Buyer in connection herewith or any dispute hereunder. If any of the terms and
conditions contained within this Warranty are void, the remaining provisions thereof are and shall remain valid and enforceable.
Note:
Prices and specifications contained in this price book are subject to change without notice.
