03/01/16
670- 00017B
22
11.0 Warranty
Suspa
®
Incorporated warrants that if the Movotec
®
Crank Driven “Bolt-On” Lift System
has been properly installed and not subject to abuse or misuse and proves to be defective
(as defined below) within the Applicable Warranty Period after the date of manufacture
of the item by Suspa
®
Incorporated or, if applicable, by Suspa
®
Incorporated’s supplier
and if the Buyer returns the item to Seller within that period, F.O.B. Suspa
®
Incorporated’s plant in Grand Rapids, Michigan, then Suspa
®
Incorporated shall, at
Suspa
®
Incorporated’s option, either repair of replace the defective item, at Suspa
®
Incorporated’s expense. If Suspa
®
Incorporated fails to repair or replace a defective item
within a reasonable time, then Suspa
®
Incorporated shall be liable to the Buyer for the
lesser of (1) the reasonable costs of repair or replacement by a third party or (2) that part
of the purchase price of the defective goods that the Buyer shall have paid, but the Buyer
shall not obtain repair or replacement by a third party without giving Suspa
®
Incorporated
at least fifteen (15) days prior written notice, during which time Suspa
®
Incorporated may
repair or replace the defective item. An item shall be considered “defective” if Suspa
®
Incorporated finds that it is defective in materials or workmanship and if the defect
materially impairs the value of the goods to the Buyer, except that if the Buyer shall have
approved drawings of, or specifications for, or production samples of the goods, then the
goods shall not be defective to the extent that they conform to the drawings,
specifications, or samples. This paragraph sets forth the Buyer’s sole and exclusive
remedies for any defect in the goods. The Applicable Warranty Period for the Movotec
®
Crank Driven “Bolt-On” Lift System is two years.
EXCEPT
AS
STATED
IN
THE
PREVIOUS
PARAGRAPH,
SUSPA
®
INCORPORATED DOES NOT MAKE ANY WARRANTY AS TO THE GOODS
AND, IN PARTICULAR, DOES NOT MAKE ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND
THE BUYER IS SOLELY RESPONSIBLE FOR DETERMINING THE PROPER
APPLICATION AND USE OF THE GOODS. Suspa
®
Incorporated shall not have any
tort liability to the Buyer with respect to any of the goods and shall not be liable for
consequential or incidental damages that arise from any product defect, delay,
nondelivery, or other breach. The Buyer shall not have any right of rejection or of
revocation of acceptance of Movotec
®
Crank Driven “Bolt-On” Lift System products.
If you have any questions regarding the warranty or believe that you have received a
defective component, please contact Suspa
®
Incorporated.
