Yale SHAW-BOX YK Series, Assembly & Instruction Manual

Page: 71 / 71

P/N: C11746310 REV. AB June 2022
71
WARRANTY
LIMITATION OF WARRANTIES, REMEDIES, AND DAMAGES
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 and any Replacement Parts. Buyer shall
not remove or permit anyone to remove any warning or instruction signs on the
Goods or Replacement Parts. In the event of personal injury or damage to prop-
erty or business arising from the use of the Goods or Replacement Parts, 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 laws,
rules or regulations 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 and/or Replacement Parts.
CMCO Warranty (HOISTS)
A. Columbus McKinnon Corporation (“Seller”) warrants to the original end-user
(“Buyer”) that, for a period of one (1) year from the date of Seller’s delivery of
the goods (collectively, the “Goods”) to the carrier, the Goods will be free from
defects in workmanship and materials... In addition, Seller warrants to Buyer
that, for a period of one (1) year from the date of their delivery by Seller to
the carrier, any aftermarket or replacement parts, accessories or components
purchased by Buyer with respect to any Goods (collectively, “Replacement
Parts”) will be free from defects in workmanship and materials.
B. IN THE EVENT OF ANY BREACH OF ANY SUCH WARRANTY, SELLER’S
SOLE OBLIGATION SHALL BE EXCLUSIVELY LIMITED TO, AT THE OPTION
OF SELLER, REPAIR OR REPLACEMENT, F.O.B. SELLER’S POINT OF
SHIPMENT, OF ANY GOODS OR REPLACEMENT PARTS THAT 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 OR REPLACEMENT
PARTS TO SELLER. NO CLAIM AGAINST SELLER FOR ANY BREACH OF (i)
SUCH WARRANTY WITH RESPECT TO THE ELECTRICAL COMPONENTS
OF ANY GOOD OR ANY REPLACEMENT PARTS, SHALL BE VALID OR
ENFORCEABLE UNLESS BUYER’S WRITTEN NOTICE THEREOF IS
RECEIVED BY SELLER WITHIN ONE (1) YEAR FROM THE DATE OF
SELLER’S DELIVERY TO THE CARRIER AND (ii) SUCH WARRANTY WITH
RESPECT TO THE MECHANICAL COMPONENTS OF ANY GOOD SHALL BE
VALID OR ENFORCEABLE UNLESS BUYER’S WRITTEN NOTICE THEREOF
IS RECEIVED BY SELLER WITHIN ONE (1) YEAR FROM THE DATE ANY
ALLEGED CLAIM ACCRUES. EXCEPT FOR THE WARRANTIES SET FORTH
ABOVE, SELLER MAKES NO OTHER WARRANTIES WITH RESPECT TO
THE GOODS OR ANY REPLACEMENT PARTS, WHETHER EXPRESSED OR
IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUALITY AND/OR THOSE ARISING
BY STATUTE OR OTHERWISE BY LAW OR FROM ANY COURSE OF
DEALING OR USE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY
DISCLAIMED.
C. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD
PARTY WITH RESPECT TO ANY GOOD OR REPLACEMENT PART,
WHETHER, IN CONTRACT, TORT OR OTHER THEORY OF LAW, FOR
LOSS OF PROFITS OR LOSS OF USE, OR FOR ANY INCIDENTAL,
CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT DAMAGES,
HOWSOEVER CAUSED. SELLER’S MAXIMUM LIABILITY TO BUYER WITH
RESPECT TO THE GOODS OR ANY REPLACEMENT PART SHALL IN
NO EVENT EXCEED THE PRICE PAID BY BUYER FOR THE GOODS OR
REPLACEMENT PART THAT ARE THE SUBJECT OF THE APPLICABLE
CLAIM.
D. Seller shall not be liable for any damage, injury or loss arising out of the
use of the Goods or any Replacement Part if, prior to such damage, injury
or loss, such Goods or Replacement Parts are: (1) damaged or misused
following Seller’s delivery to the carrier; (2) not maintained, inspected, or
used in compliance with applicable law and Seller’s written instructions and
recommendations; or (3) installed, repaired, altered or modified (a) with any
part or accessory other than those supplied by Seller or (b) without compliance
with such laws, instructions or recommendations.
E. This warranty is limited and provided only to the original end-user. Each Good
and Replacement Part must be registered within sixty (60) days of receipt of
each product to establish eligibility. Please register at www.cmworks.com/hoist-
warranty-registration or submit a registration card via US mail.
F. Any action against Seller for breach of warranty, negligence or otherwise in
connection with the electrical components of any Good must be commenced
by Buyer within one (1) year after (a) the date any alleged claim accrues; or
(b) the date of delivery of the Goods to Buyer, whichever is earlier. Any action
against Seller for breach of warranty, negligence or otherwise in connection
with the mechanical components of any Good must be commenced by Buyer
within one (1) year after the date any alleged claim accrues... Any action
against Seller for breach of warranty, negligence or otherwise in connection
with any Replacement Part must be commenced by Buyer within one (1) year
after (y) the date any alleged claim accrues; or (z) the date of delivery of the
Replacement Part to Buyer, whichever is earlier.
G. This warranty is contingent upon Buyer’s proper maintenance and care of the
Goods and/or Replacement Parts, and does not extend to normal wear and
tear. Seller reserves the right, at its option, to void this warranty in the event of
Buyer’s use with the Goods and/or Replacement Parts of parts or accessories
other than those supplied by Seller.
© 2022 Columbus McKinnon Corporation. All Rights Reserved.
WARNING
Alterations or modifications of equipment and
use of non-seller replacement parts can lead to
dangerous operation and injury.
TO AVOID INJURY:
• Do not alter or modify equipment.
•Do use only replacement manufactured by seller.