12
7.0 WARRANTY
Thank you for your purchase from Baileigh Industrial. We hope you find it productive and useful for
a long time to come.
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 an 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 an 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 an 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.
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