THE WARRANTY STATED BELOW IS GIVEN IN PLACE OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF MER-
CHANTABILITY, 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 fea-
sible, 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.
Note: When ordering parts, always furnish hoist model and serial number,
motor horsepower, voltage, phase, frequency and rated capacity of hoist on
which the parts are to be used.
For the location of the nearest Authorized Repair Station, Contact Yale, (see
inside front cover).
LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
Seller shall not be liable for any damage, injury or loss arising out
of the use of the goods if, 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 law and Seller’s written instructions and recommen-
dations; or (3) installed, repaired, altered or modified without com-
pliance 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 mainte-
nance 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 cooper-
ate 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 indem-
nify and hold Seller harmless against any claims, loss or expense
for injury or damage arising from the use of the goods.
WARNING
Alterations or modifications of equipment and use of non-
factory repair parts can lead to dangerous operation and
injury.
TO AVOID INJURY:
• Do not alter or modify equipment.
• Do use only factory provided replacement parts.
414 WEST BROADWAY AVENUE
MUSKEGON, MICHIGAN 49443-0769
1-866-805-2962 • Fax: 1-800-742-9270
!
Printed in USA
5-17-01
2001 Yale Hoist
For more information contact: Sievert Crane and Hoist, (708) 771-1600, [email protected], www.sievertcrane.com
