A 6 Warranty
A 6 Warranty
WARRANTY
RETURNS
No products return can be accepted without a completed Return Material Authorization ( RMA ) form.
Please contact your nearest distributor or Ogden Manufacturing Co. at (847)593-8050 for assistance.
No products return can be accepted without a completed Return Material Authorization ( RMA ) form.
Please contact your nearest distributor or Ogden Manufacturing Co. at (847)593-8050 for assistance.
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Ogden warrants only that the Products and parts manufactured by Ogden, when shipped, and the work performed by
Ogden when performed, will meet all applicable specification and other specific product and work requirements
(including those of performance), if any, and will be free from defects in material and workmanship under normal
conditions of use. All claims for defective or nonconforming (both hereinafter called defective) Products, parts or work
under this warranty must be made in writing immediately upon discovery, and in any event, within one (1) year from
delivery, provided, however all claims for defective Products and parts must be made in writing no later than eighteen (18)
months after shipment by Ogden. Defective and nonconforming items must be held for Ogden’s inspections and
returned to the original f.o.b. point upon request. THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER
WARRANTIES WHATSOEVER, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Notwithstanding the provisions of this WARRANTY AND LIMITATION Clause, it is specifically understood that Products
and parts not manufactured and work not performed by Ogden are warranted only to the extent and in the manner that the
same are warranted to Ogden by Ogden’s vendors, and then only to the extent that Ogden is reasonably able to enforce
such warranty, it being understood Ogden shall have no obligation to initiate litigation unless Buyer undertakes to pay all
cost and expenses therefor, including but not limited to attorney’s fees, and indemnifies Ogden against any liability to
Ogden’s vendors arising out of such litigation.
Upon Buyer’s submission of a claim as provided above and its substantiation, Ogden shall at its option either (i) repair or
replace its Products, parts or work at the original f.o.b. point of delivery or (ii) refund an equitable portion of the purchase
price.
THE FOREGOING IS OGDEN’S ONLY OBLIGATION AND BUYER’S EXCLUSIVE REMEDY FOR BREACH OF
WARRANTY, AND IS BUYER’S EXCLUSIVE REMEDY AGAINST OGDEN FOR ALL CLAIMS ARISING HEREUNDER OR
RELATING HERETO WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES, BUYER’S FAILURE TO SUBMIT A CLAIM AS PROVIDED
ABOVE SHALL SPECIFICALLY WAIVE ALL CLAIMS FOR DAMAGES OR OTHER RELIEF, INCLUDING BUT NOT LIMITED
TO CLAIMS BASED ON LATENT DEFECTS. IN NO EVENT SHALL BUYER BE ENTITLED TO INCIDENTAL OR
CONSEQUENTIAL DAMAGES AND BUYER SHALL HOLD OGDEN HARMLESS THEREFROM. ANY ACTION BY BUYER
ARISING HEREUNDER OR RELATING HERETO, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER
THE DATE OF SHIPMENT OR IT SHALL BE BARRED.
W2008M
Ogden warrants only that the Products and parts manufactured by Ogden, when shipped, and the work performed by
Ogden when performed, will meet all applicable specification and other specific product and work requirements
(including those of performance), if any, and will be free from defects in material and workmanship under normal
conditions of use. All claims for defective or nonconforming (both hereinafter called defective) Products, parts or work
under this warranty must be made in writing immediately upon discovery, and in any event, within one (1) year from
delivery, provided, however all claims for defective Products and parts must be made in writing no later than eighteen (18)
months after shipment by Ogden. Defective and nonconforming items must be held for Ogden’s inspections and
returned to the original f.o.b. point upon request. THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER
WARRANTIES WHATSOEVER, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Notwithstanding the provisions of this WARRANTY AND LIMITATION Clause, it is specifically understood that Products
and parts not manufactured and work not performed by Ogden are warranted only to the extent and in the manner that the
same are warranted to Ogden by Ogden’s vendors, and then only to the extent that Ogden is reasonably able to enforce
such warranty, it being understood Ogden shall have no obligation to initiate litigation unless Buyer undertakes to pay all
cost and expenses therefor, including but not limited to attorney’s fees, and indemnifies Ogden against any liability to
Ogden’s vendors arising out of such litigation.
Upon Buyer’s submission of a claim as provided above and its substantiation, Ogden shall at its option either (i) repair or
replace its Products, parts or work at the original f.o.b. point of delivery or (ii) refund an equitable portion of the purchase
price.
THE FOREGOING IS OGDEN’S ONLY OBLIGATION AND BUYER’S EXCLUSIVE REMEDY FOR BREACH OF
WARRANTY, AND IS BUYER’S EXCLUSIVE REMEDY AGAINST OGDEN FOR ALL CLAIMS ARISING HEREUNDER OR
RELATING HERETO WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES, BUYER’S FAILURE TO SUBMIT A CLAIM AS PROVIDED
ABOVE SHALL SPECIFICALLY WAIVE ALL CLAIMS FOR DAMAGES OR OTHER RELIEF, INCLUDING BUT NOT LIMITED
TO CLAIMS BASED ON LATENT DEFECTS. IN NO EVENT SHALL BUYER BE ENTITLED TO INCIDENTAL OR
CONSEQUENTIAL DAMAGES AND BUYER SHALL HOLD OGDEN HARMLESS THEREFROM. ANY ACTION BY BUYER
ARISING HEREUNDER OR RELATING HERETO, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER
THE DATE OF SHIPMENT OR IT SHALL BE BARRED.
W2008M
