P/N: 670-00029A
2/17/12
36
11.0 Warranty
Suspa
®
Incorporated warrants that if the Movotec
®
Q-Drive ATU 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
®
Q-Drive ATU 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
®
Q-Drive ATU Lift System products.
If you have any questions regarding the warranty or believe that you have received a
defective component, please contact Suspa
®
Incorporated.
