Baileigh Industrial VMD-15, Руководство оператора

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14.0 Warranty and Service
Inspection & Acceptance. Buyer shall inspect all Goods within ten (10) days after receipt thereof. Buyer’s payment shall constitute final acceptance of
the Goods and shall act as a waiver of the Buyer’s rights to inspect or reject the goods unless otherwise agreed. If Buyer rejects any merchandise,
Buyer must first obtain a Returned Goods Authorization (“RGA”) number before returning any goods to Seller. Goods returned without an RGA will be
refused. Seller will not be responsible for any freight costs, damages to goods, or any other costs or liabilities pertaining to goods returned without a
RGA. Seller shall have the right to substitute a conforming tender. Buyer will be responsible for all freight costs to and from Buyer and repackaging
costs, if any, if Buyer refuses to accept shipment. If Goods are returned in unsalable condition, Buyer shall be responsible for full value of the Goods.
Buyer may not return any special-order Goods. Any Goods returned hereunder shall be subject to a restocking fee equal to 30% of the invoice price.
Specifications. Seller may, at its option, make changes in the designs, specifications or components of the Goods to improve the safety of such
Goods, or if in Seller’s judgment, such changes will be beneficial to their operation or use. Buyer may not make any changes in the specifications for
the Goods unless Seller approves of such changes in writing, in which event Seller may impose additional charges to implement such changes.
Limited Warranty. Seller warrants to the original end-user that the Goods manufactured or provided by Seller under this Agreement shall be free of
defects in material or workmanship for a period of twelve (12) months from the date of purchase, provided that the Goods are installed, used, and
maintained in accordance with any instruction manual or technical guidelines provided by the Seller or supplied with the Goods, if applicable. The
original end-user must give written notice to Seller of any suspected defect in the Goods prior to the expiration of the warranty period. The original end-
user must also obtain a RGA from Seller prior to returning any Goods to Seller for warranty service under this paragraph. Seller will not accept any
responsibility for Goods returned without a RGA. The original end-user shall be responsible for all costs and expenses associated with returning the
Goods to Seller for warranty service. In the event of a defect, Seller, at its sole option, shall repair or replace the defective Goods or refund to the
original end-user the purchase price for such defective Goods. Goods are not eligible for replacement or return after a period of 10 days from date of
receipt. The foregoing warranty is Seller’s sole obligation, and the original end-user’s exclusive remedy, with regard to any defective Goods. This
limited warranty does not apply to: (a) die sets, tooling, and saw blades; (b) periodic or routine maintenance and setup, (c) repair or replacement of the
Goods due to normal wear and tear, (d) defects or damage to the Goods resulting from misuse, abuse, neglect, or accidents, (f) defects or damage to
the Goods resulting from improper or unauthorized alterations, modifications, or changes; and (f) any Goods that has not been installed and/or
maintained in accordance with the instruction manual or technical guidelines provided by Seller.
EXCLUSION OF OTHER WARRANTIES. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED. ANY AND ALL OTHER EXPRESS, STATUTORY OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. NO WARRANTY IS MADE WHICH
EXTENDS BEYOND THAT WHICH IS EXPRESSLY CONTAINED HEREIN.
Limitation of Liability. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER PARTY FOR ANY INCIDENTIAL,
CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DOWN TIME) ARISING FROM OR IN
MANNER CONNECTED WITH THE GOODS, ANY BREACH BY SELLER OR ITS AGENTS OF THIS AGREEMENT, OR ANY OTHER CAUSE
WHATSOEVER, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY. BUYER’S REMEDY WITH RESPECT TO
ANY CLAIM ARISING UNDER THIS AGREEMENT IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNT PAID BY THE BUYER FOR THE
GOODS.
Force Majeure. Seller shall not be responsible for any delay in the delivery of, or failure to deliver, Goods due to causes beyond Seller’s reasonable
control including, without limitation, acts of God, acts of war or terrorism, enemy actions, hostilities, strikes, labor difficulties, embargoes, non-delivery
or late delivery of materials, parts and equipment or transportation delays not caused by the fault of Seller, delays caused by civil authorities,
governmental regulations or orders, fire, lightening, natural disasters or any other cause beyond Seller’s reasonable control. In the event of any such
delay, performance will be postponed by such length of time as may be reasonably necessary to compensate for the delay.
Installation. If Buyer purchases any Goods that require installation, Buyer shall, at its expense, make all arrangements and connections necessary to
install and operate the Goods. Buyer shall install the Goods in accordance with any Seller instructions and shall indemnify Seller against any and all
damages, demands, suits, causes of action, claims and expenses (including actual attorneys’ fees and costs) arising directly or indirectly out of Buyer’s
failure to properly install the Goods.
Work By Others; Safety Devices. Unless agreed to in writing by Seller, Seller has no responsibility for labor or work performed by Buyer or others, of
any nature, relating to design, manufacture, fabrication, use, installation or provision of Goods. Buyer is solely responsible for furnishing and requiring
its employees and customers to use all safety devices, guards and safe operating procedures required by law and/or as set forth in manuals and
instruction sheets furnished by Seller. Buyer is responsible for consulting all operator manuals, ANSI or comparable safety standards, OSHA
regulations and other sources of safety standards and regulations applicable to the use and operation of the Goods.
Remedies. Each of the rights and remedies of Seller under this Agreement is cumulative and in addition to any other or further remedies provided
under this Agreement or at law or equity.
Attorney’s Fees. In the event legal action is necessary to recover monies due from Buyer or to enforce any provision of this Agreement, Buyer shall
be liable to Seller for all costs and expenses associated therewith, including Seller’s actual attorney fees and costs.
Governing Law/Venue. This Agreement shall be construed and governed under the laws of the State of Wisconsin, without application of conflict of
law principles. Each party agrees that all actions or proceedings arising out of or in connection with this Agreement shall be commenced, tried, and
litigated only in the state courts sitting in Manitowoc County, Wisconsin or the U.S. Federal Court for the Eastern District of Wisconsin. Each party
waives any right it may have to assert the doctrine of “forum non conveniens” or to object to venue to the extent that any proceeding is brought in
accordance with this section. Each party consents to and waives any objection to the exercise of personal jurisdiction over it by courts described in this
section. Each party waives to the fullest extent permitted by applicable law the right to a trial by jury.
Summary of Return Policy.
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10 Day acceptance period from date of delivery. Damage claims and order discrepancies will not be accepted after this time.
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You must obtain a Baileigh issued RGA number PRIOR to returning any materials.
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Returned materials must be received at Baileigh in new condition and in original packaging.
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Altered items are not eligible for return.
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Buyer is responsible for all shipping charges.
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A 30% re-stocking fee applies to all returns.
Baileigh Industrial Holdings LLC makes every effort to ensure that our posted specifications, images, pricing and product availability are as correct and
timely as possible. We apologize for any discrepancies that may occur. Baileigh Industrial Holdings LLC reserves the right to make any and all changes
deemed necessary in the course of business including but not limited to pricing, product specifications, quantities, and product availability.
For Customer Service & Technical Support:
Please contact one of our knowledgeable Sales and Service team members at:
(920) 684-4990 or e-mail us at
Baileigh-Service@jpwindustries.com