10
8.0
Warranty and Service
Thank you for your purchase of a machine from Baileigh Industrial. We hope that you find it productive and useful to
you for a long time to come.
Inspection & Acceptance.
Buyer shall inspect all Goods within ten (10) days after receipt thereof. Buyer’s payment
shall constitute final acceptance of the Goods and shall act as a waiver of the Buyer’s rights to inspect or reject the
goods unless otherwise agreed. If Buyer rejects any merchandise, Buyer must first obtain a Returned Goods
Authorization (“RGA”) number before returning any goods to Seller. Goods returned without an RGA will be refused.
Seller will not be responsible for any freight costs, damages to goods, or any other costs or liabilities pertaining to goods
returned without an RGA. Seller shall have the right to substitute a conforming tender. Buyer will be responsible for all
freight costs to and from Buyer and repackaging costs, if any, if Buyer refuses to accept shipment. If Goods are returned
in unsalable condition, Buyer shall be responsible for full value of the Goods. Buyer may not return any special-order
Goods. Any Goods returned hereunder shall be subject to a restocking fee equal to 30% of the invoice price.
Specifications.
Seller may, at its option, make changes in the designs,
specifications,
or components of the Goods
to improve the safety of such Goods, or if in Seller’s judgment, such changes will be beneficial to their operation or use.
Buyer may not make any changes in the specifications for the Goods unless Seller approves of such changes in writing,
in which event Seller may impose additional charges to implement such changes.
Limited Warranty.
Seller warrants to the original end-user that the Goods manufactured or provided by Seller under
this Agreement shall be free of defects in material or workmanship for a period of twelve (12) months from the date of
purchase, provided that the Goods are installed, used, and maintained in accordance with any instruction manual or
technical guidelines provided by the Seller or supplied with the Goods, if applicable. The original end-user must give
written notice to Seller of any suspected defect in the Goods prior to the expiration of the warranty period. The original
end-user must also obtain an RGA from Seller prior to returning any Goods to Seller for warranty service under this
paragraph. Seller will not accept any responsibility for Goods returned without an RGA. The original end-user shall be
responsible for all costs and expenses associated with returning the Goods to Seller for warranty service. In the event
of a defect, Seller, at its sole option, shall repair or replace the defective Goods or refund to the original end-user the
purchase price for such defective Goods. Goods are not eligible for replacement or return after a period of 10 days
from date of receipt. The foregoing warranty is Seller’s sole obligation, and the original end-user’s exclusive remedy,
with regard to any defective Goods. This limited warranty does not apply to: (a) die sets, tooling, and saw blades; (b)
periodic or routine maintenance and setup, (c) repair or replacement of the Goods due to normal wear and tear, (d)
defects or damage to the Goods resulting from misuse, abuse, neglect, or accidents, (f) defects or damage to the
Goods resulting from improper or unauthorized alterations, modifications, or changes; and (f) any Goods that has not
been installed and/or maintained in accordance with the instruction manual or technical guidelines provided by Seller.
EXCLUSION OF OTHER WARRANTIES.
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED. ANY AND ALL OTHER EXPRESS, STATUTORY, OR IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. NO WARRANTY IS MADE WHICH EXTENDS
BEYOND THAT WHICH IS EXPRESSLY CONTAINED HEREIN.
Limitation of Liability.
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER PARTY FOR ANY
INCIDENTIAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS
OR DOWN TIME) ARISING FROM OR IN MANNER CONNECTED WITH THE GOODS, ANY BREACH BY SELLER
OR ITS AGENTS OF THIS AGREEMENT, OR ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON
CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY. BUYER’S REMEDY WITH RESPECT TO ANY CLAIM
ARISING UNDER THIS AGREEMENT IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNT PAID BY THE
BUYER FOR THE GOODS.
Force Majeure.
Seller shall not be responsible for any delay in the delivery of, or failure to deliver, Goods due to causes
beyond Seller’s reasonable control including, without limitation, acts of God, acts of war or terrorism, enemy actions,
hostilities, strikes, labor difficulties, embargoes, non-delivery or late delivery of materials, parts and equipment or
transportation delays not caused by the fault of Seller, delays caused by civil authorities, governmental regulations or
orders, fire, lightening, natural disasters or any other cause beyond Seller’s reasonable control. In the event of any
such delay, performance will be postponed by such length of time as may be reasonably necessary to compensate for
the delay.
Installation.
If Buyer purchases any Goods that require installation, Buyer shall, at its expense, make all arrangements
and connections necessary to install and operate the Goods. Buyer shall install the Goods in accordance with any
Seller instructions and shall indemnify Seller against any and all damages, demands, suits, causes of action, claims
and expenses (including actual attorneys’ fees and costs) arising directly or indirectly out of Buyer’s failure to properly
install the Goods.
Work By Others; Safety Devices.
Unless agreed to in writing by Seller, Seller has no responsibility for labor or work
performed by Buyer or others, of any nature, relating to design, manufacture, fabrication, use, installation, or provision
of Goods. Buyer is solely responsible for furnishing and requiring its employees and customers to use all safety devices,
guards and safe operating procedures required by law and/or as set forth in manuals and instruction sheets furnished
by Seller. Buyer is responsible for consulting all operator manuals, ANSI or comparable safety standards, OSHA
regulations and other sources of safety standards and regulations applicable to the use and operation of the Goods.
Remedies.
Each of the rights and remedies of Seller under this Agreement is cumulative and in addition to any other
or further remedies provided under this Agreement or at law or equity.
Attorney’s Fees.
In the event legal action is necessary to recover monies due from Buyer or to enforce any provision
of this Agreement, Buyer shall be liable to Seller for all costs and expenses associated therewith, including Seller’s
actual attorney fees and costs.
