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 property 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 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 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.
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 parts manufactured by Seller.
LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
WARRANTY
© 2018 Columbus McKinnon Corporation. All Rights Reserved.
P/N: 11532620 REV. AA
September 2018
USA:
Ph: (800) 888.0985
•
(716) 689.5400
•
Fax: (716) 689.5644
•
www.cmworks.com
CANADA:
Ph: (877) 264.6478
•
Fax: (877) 264.6477
•
www.cmworks.com
UK:
Ph: +44 1244 375375 • Fax: +44 1244 377403 • www.cmco.eu
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