© 2019 Columbus McKinnon Corporation. All Rights Reserved.
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
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: (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. 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 GOODS
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
PART, 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 PART, 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
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 factory replacement parts manufactured by Seller.
WARRANTY
LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
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