EC3-680-3 February 2017
Order # 5041558-0 & 5041679-0
THE WARRANTY STATED BELOW IS GIVEN IN PLACE OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, 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 feasible, 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.
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 recommendations; or (3) installed, repaired, altered or modified without
compliance 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 maintenance 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 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
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.
CMCO Warranty (HOISTS)
A. Columbus McKinnon Corporation (“Seller”) warrants to the original end
user (“Buyer”) that: (a) for a period of one (1) year from the date of Seller’s
delivery of the goods (collectively, the “Goods”) to the carrier, the electrical
components of the Goods will be free from defects in workmanship and
materials; and (b) for the life of the Goods, the mechanical components of the
Goods will be free from defects in workmanship and materials.
B. IN THE EVENT OF ANY BREACH OF 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 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
GOODS TO SELLER. NO CLAIM AGAINST SELLER FOR ANY BREACH OF (i)
SUCH WARRANTY WITH RESPECT TO THE ELECTRICAL 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 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 WARRANTY SET FORTH
ABOVE, SELLER MAKES NO OTHER WARRANTIES WITH RESPECT TO THE
GOODS, 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, 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 SHALL IN NO EVENT EXCEED THE
PRICE PAID BY BUYER FOR THE GOODS 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 if, prior to such damage, injury or loss, such Goods 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 without
compliance with such laws, instructions or recommendations.
E. This warranty is limited and provided only to the original end user.
Each Good
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.
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 replacement parts.
WARRANTY
LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
© 2017 Columbus McKinnon Corporation. All Rights Reserved.
USA:
Ph: (800) 888.0985
•
(716) 689.5400
•
Fax: (716) 689.5644
CANADA:
Ph: (877) 264.6478
•
Fax: (877) 264.6477
