Model: 2295-10PR (9694-010)
95 Ton (86 Metric Ton) Alligator Axle Jack
01/2019 | Rev. 01
Page | 6
10.0
GUARANTEES/LIMITATION OF LIABILITY
1.
ColumbusJACK
Corporation
,
(Seller) warrants each new product of its manufacture to be free from defects in material
or workmanship, under proper, reasonable and normal use and service, and for a period of twelve (12) months after
date of shipment from S
eller’s Swanton, OH. USA facility.
2.
Where Buyer claims an alleged defect in material or workmanship and so advises Seller in writing within ten (10) days
after discovery thereof, then and in such event, Buyer shall return said equipment, transportation prepaid, to the
Seller, provided such return is timely and within twelve (12) months form date of original shipment. This warranty and
liability of the Seller is expressly limited solely to replacement of repair of defective parts or goods, and return at
Buyer
’s expense to Seller after find by Seller the product was defective prior to original shipment or, at the option of
Seller, to making refund to Buyer of the purchase price for said product.
3.
It is further expressly understood and agreed that:
a.
THERE IS NO WARRANTY, representation of condition OF ANY KIND, express or implied, (INCLUDING NO
WARRANTY OF MERCHANT-ABILITY OR OF FITNESS) EXCEPT THAT THE MATERIAL SHALL BE OF THE
QUALITY SPECIFIED HEREIN, and none shall be implied by law. Except as otherwise provided herein, quality
shall be in accordance with seller’s specifications. Final determination of the material for the use contemplated by
Buyer is the sole responsibility of Buyer and Seller shall have no responsibility in connection with such suitability,
and
b.
The
Buyer’s sole and exclusive remedy shall be repair or replacement of defective parts by the Seller. Should the
goods, in the judgment of Seller, preclude the remedying of the warranted defects by repair or replacement, the
buyer’s sole and exclusive remedy shall the be the refund of the purchase price, and
c.
Seller shall not be liable for prospective profits or special, indirect or consequential damages, nor shall any
recovery of any kind against Seller be greater in amount than the purchase price of the specific material sold and
causing the alleged loss, damage or injury. Buyer assumes all risk and liability for loss, damage or injury to
persons or property of Buyer or others arising out of use or possession of any product or part sold hereunder, and
d.
The Seller shall in no way be deemed or held to be obligated, liable or accountable upon or for any guarantees or
warranties, express or implied, or created by statute or by operation of law or otherwise, in any manner of form
beyond its express agreement above set forth, and
e.
No warranty herein shall apply to any product which shall have been repaired or altered, unless such alteration or
repair has been made by Seller or where, after return to and inspection by Seller, the product is found by Seller to
have been subject to misuse, negligence or accident, and
f.
No warranty of any nature is made by Seller as to any component forming a part of the product sold and Buyer
shall receive only such warranties offered by such other manufacturer pertinent to such component, and
g.
Seller does not assume nor does Seller authorize any other person to assume for it any other liability or make any
warranty in connection with the sale of its products.
The obligations of ColumbusJACK expressly stated herein are in lieu of all other warranties or conditions expressed or implied.
Any unauthorized modification of the ColumbusJACK products or use of the ColumbusJACK products in violations
of cautions and warnings in any manual (including updates) or safety bulletins published or delivered by
ColumbusJACK will immediately
void any warranty, express or implied
and ColumbusJACK
disclaims any and all
liability for injury (WITHOUT LIMITATION and including DEATH), loss or damage arising from or relating to such
misuse
.
11.0
APPENDICES
APPENDIX I
Routine Jack Maintenance Bulletins
Содержание Columbus Jack 2295-10PR
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