CHIEF 361043 Installation Manual Download

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STANDARD LADDER ASSEMBLY INSTRUCTION MANUAL

Chief industries, Inc.

Manual P/N 361043

responsibility or liability to either the Reseller or the Original Owner for the cost of any
labor required to repair or correct the defect.

Warranty Not Transferable:

This Warranty applies only to the Reseller and the Original Owner

and is

not transferable

. As such, this Warranty does

NOT

cover any Product that is sold or

otherwise transferred to any third party following its delivery to the Original Owner.

Limitation on Warranties, Liabilities and Damages.

The Reseller and the Original Owner

expressly agree that the allocation of the risk, liability, loss, damage, cost and expense arising
from any Product that does not conform to the limited warranty given in Section 2 above are
fair and reasonable and acknowledge that such allocation was expressly negotiated by the
parties and was reflected in the Purchase Price of the Product. Accordingly, the Reseller and
the Original Owner expressly agree as follows:

Disclaimer of Implied Warranties. EXCEPT AS IS OTHERWISE EXPRESSLY SET FORTH HEREIN, CHIEF MAKES
NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR
IMPLIED, BY OPERATION OF LAW, COURSE OF DEALING OR OTHERWISE WITH RESPECT TO THE PRODUCT,
ANY COMPONENT PART THEREOF OR ANY OTHER GOODS OR SERVICES THAT CHIEF MANUFACTURES,
FABRICATES, PRODUCES, SELLS OR PROVIDES TO THE DEALER OR THE ORIGINAL OWNER PURSUANT TO THE
TERMS OF ANY ACCEPTED PURCHASE ORDER, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR
WARRANTY WITH RESPECT TO DESIGN, CONDITION, MERCHANTABILITY OR FITNESS OF THE PRODUCT OR
ANY OTHER GOODS OR SERVICES FOR ANY PARTICULAR PURPOSE OR USE.

Limitation on Liability. EXCEPT AS IS OTHERWISE EXPRESSLY SET FORTH IN SECTION 6 ABOVE, CHIEF'S
LIABILITY TO THE DEALER AND/OR THE ORIGINAL OWNER WITH RESPECT TO ANY DEFECTS IN ANY
PRODUCTS OR FOR ANY OTHER GOODS OR SERVICES WHICH DO NOT CONFORM TO THE WARRANTIES SET
FORTH ABOVE SHALL NOT, IN ANY EVENT, EXCEED THE ACTUAL COST OF SUCH NON-CONFORMING
PRODUCT, GOODS OR SERVICES AS DETERMINED PURSUANT TO THE ACCEPTED PURCHASE ORDER; AND

Limitation on the Nature of Damages. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6 ABOVE, CHIEF SHALL
NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE DEALER, THE ORIGINAL OWNER OR ANY THIRD
PARTY FOR ATTORNEY FEES COURT COSTS OR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, LIQUIDATED OR PUNITIVE DAMAGES OF ANY NAME, NATURE OR DESCRIPTION AS A
RESULT OF THE FAILURE OF ANY PRODUCT OR ANY OTHER GOODS OR SERVICES PURCHASED BY THE DEALER
OR THE ORIGINAL OWNER FROM CHIEF PURSUANT TO THE ACCEPTED PURCHASE ORDER TO CONFORM TO
THE LIMITED WARRANTIES SET FORTH IN SECTION 2 ABOVE.

Applicable Law

: This Limited Product Warranty has been issued, accepted and entered into by

the Reseller, the Original Owner and Chief in the State of Nebraska and shall be governed by,
and construed in accordance with, the internal laws of the State of Nebraska. Any legal action
or proceeding with respect to any goods or services furnished to the Original Owner by Chief
in connection herewith, or any document related hereto shall be brought only in the district
courts of Nebraska, or the United States District Court for the District of Nebraska, and, by
execution and delivery of this Limited Product Warranty, the undersigned Original Owner
hereby accept for themselves and with respect to their property, generally and
unconditionally, the jurisdiction of the aforesaid courts. Further, the undersigned Original
Owner hereby irrevocably waives any objection, including, without limitation, any forum non
conveniens, which it may now or hereafter have to the bringing of such action or proceeding
in such respective jurisdictions.

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