140 John James Audubon Parkway • Amherst, New York 14228-1197
1-800-888-0985 • Fax 716-689-5644 • www.cmworks.com
© 2015 Columbus McKinnon Corporation. All Rights Reserved.
LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES THE WARRANTY STATED BELOW IS
GIVEN IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, NO PROMISE OR AFFIRMATION OF
FACT MADE BY ANY AGENT OR REPRESENTATIVE OF SELLER SHALL CONSTITUTE A WARRANTY
BY SELLER OR GIVE RISE TO ANY LIABILITY OR OBLIGATION.
Seller warrants that on the date of delivery to carrier the goods are free from defects in
workmanship and materials. SELLER’S SOLE OBLIGATION IN THE EVENT OF BREACH OF
WARRANTY OR CONTRACT OR FOR NEGLIGENCE OR OTHERWISE WITH RESPECT TO GOODS
SOLD SHALL BE EXCLUSIVELY LIMITED TO REPAIR OR REPLACEMENT, F.O.B. SELLER’S POINT
OF SHIPMENT, OF ANY PARTS WHICH 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 to Seller.
Any action against Seller for breach of warranty, negligence or otherwise, must be commenced
within one year after such cause of action occurs.
NO CLAIM AGAINST SELLER FOR ANY DEFECT IN THE GOODS SHALL BE VALID OR
ENFORCEABLE UNLESS BUYER’S WRITTEN NOTICE THEREOF IS RECEIVED BY SELLER WITHIN
ONE YEAR FROM THE DATE OF SHIPMENT.
Seller shall not be liable for any damage, injury or loss arising out of the use of the goods if,
Note: When ordering parts, always furnish rated load and serial number of hoist on which the parts are to be used. For the location of the nearest Columbus McKinnon Master Parts Depot,
vcall (800) 888-0985, fax (716) 689-5644 or visit www.cmworks.com.
prior to such damage, injury or loss, such goods are (1) damaged or misused following Seller’s
delivery to carrier; (2) not maintained, inspected, or used in compliance with applicable lcaw
and Seller’s written instructions and recommendations; or (3) installed, repaired, altered or
modified without compliance with such law, instructions or recommendations. UNDER NO
CIRCUMSTANCES SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
AS THOSE TERMS ARE DEFINED IN SECTION 2-715 OF THE UNIFORM COMMERCIAL CODE.
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. Buyer shall not remove or permit anyone to remove any warning or instruction signs on
the goods. In the event of personal injury or damage to property or business arising from the
use of the goods, 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 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.
