SMITH Standard Warranty
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SMITH Standard Warranty
SMITH warrants all equipment referenced in this document which is manufactured by SMITH and bearing its name to be free from defects in
material and workmanship on the date of sale to the original purchaser for use. With the exception of any special, extended, or limited warranty
published by SMITH, SMITH will, for a period of twelve months from the date of sale, repair or replace any part of the equipment determined by
SMITH to be defective. This warranty applies only when the equipment is installed, operated and maintained in accordance with SMITH’s written
recommendations.
This warranty does not cover, and SMITH shall not be liable for general wear and tear, or any malfunction, damage or wear caused by faulty
installation, misapplication, abrasion, corrosion, inadequate or improper maintenance, negligence, accident, tampering, or substitution of
non-SMITH component parts. Nor shall SMITH be liable for malfunction, damage or wear caused by the incompatibility of SMITH equipment with
structures, accessories, equipment or materials not supplied by SMITH, or the improper design, manufacture, installation, operation or
maintenance of structures, accessories, equipment or materials not supplied by SMITH.
This warranty is conditioned upon the prepaid return of the equipment claimed to be defective to an authorized SMITH distributor for verification of
the claimed defect. If the claimed defect is verified, SMITH will repair or replace free of charge any defective parts. The equipment will be returned
to the original purchaser transportation prepaid. If inspection of the equipment does not disclose any defect in material or workmanship, repairs will
be made at a reasonable charge, which charges may include the costs of parts, labor, and transportation.
THIS WARRANTY IS EXCLUSIVE, AND IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
.
SMITH’s sole obligation and buyer’s sole remedy for any breach of warranty shall be as set forth above. The buyer agrees that no other remedy
(including, but not limited to, incidental or consequential damages for lost profits, lost sales, injury to person or property, or any other incidental or
consequential loss) shall be available. Any action for breach of warranty must be brought within two (2) years of the date of sale.
SMITH MAKES NO WARRANTY, AND DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, IN CONNECTION WITH ACCESSORIES, EQUIPMENT, MATERIALS OR COMPONENTS SOLD BUT NOT
MANUFACTURED BY SMITH
. These items sold, but not manufactured by SMITH (such as electric motors, switches, hose, etc.), are subject to
the warranty, if any, of their manufacturer. SMITH will provide purchaser with reasonable assistance in making any claim for breach of these
warranties.
In no event will SMITH be liable for indirect, incidental, special or consequential damages resulting from SMITH supplying equipment hereunder,
or the furnishing, performance, or use of any products or other goods sold hereto, whether due to a breach of contract, breach of warranty, the
negligence of SMITH, or otherwise.
FOR SMITH CANADA CUSTOMERS
The Parties acknowledge that they have required that the present document, as well as all documents, notices and legal proceedings entered into,
given or instituted pursuant hereto or relating directly or indirectly hereto, be drawn up in English. Les parties reconnaissent avoir convenu que la
rédaction du présente document sera en Anglais, ainsi que tous documents, avis et procédures judiciaires exécutés, donnés ou intentés, à la suite
de ou en rapport, directement ou indirectement, avec les procédures concernées.
