11
192083259 (REV AA)
March 2021
INDEMNIFICATION AND SAFE OPERATION
Buyer shall comply with and require its employees to comply with directions
set forth in instructions and manuals furnished by Seller and shall use and
require its employees to follow such instructions and manuals and to use
reasonable care in the use and maintenance of the goods. Buyer shall not
remove or permit anyone to remove any warning or instruction signs on the
goods. In the event of personal injury or damage to property or business
arising from the use of the goods, Buyer shall within 48 hours thereafter
give Seller written notice of such injury or damage. Buyer shall cooperate
with Seller in investigating any such injury or damage and in the defense of
any claims arising therefrom.
If Buyer fails to comply with this section or if any injury or damage is
caused, in whole or in part, by Buyer’s failure to comply with applicable
federal or state safety requirements, Buyer shall indemnify and hold Seller
harmless against any claims, loss or expense for injury or damage arising
from the use of the goods.
CMCO Warranty (HOISTS)
A. Columbus McKinnon Corporation (“Seller”) warrants to the original end
user (“Buyer”) that: (a) for a period of one (1) year from the date of Seller’s
delivery of the goods (collectively, the “Goods”) to the carrier, the electrical
components of the Goods will be free from defects in workmanship and
materials; and (b) for the life of the Goods, the mechanical components of
the Goods will be free from defects in workmanship and materials.
B. IN THE EVENT OF ANY BREACH OF SUCH WARRANTY, SELLER’S SOLE
OBLIGATION SHALL BE EXCLUSIVELY LIMITED TO, AT THE OPTION
OF SELLER, REPAIR OR REPLACEMENT, F.O.B. SELLER’S POINT OF
SHIPMENT, OF ANY GOODS THAT SELLER DETERMINES TO HAVE
BEEN DEFECTIVE OR, IF SELLER DETERMINES THAT SUCH REPAIR OR
REPLACEMENT IS NOT FEASIBLE, TO A REFUND OF THE PURCHASE
PRICE UPON RETURN OF THE GOODS TO SELLER. NO CLAIM AGAINST
SELLER FOR ANY BREACH OF (i) SUCH WARRANTY WITH RESPECT
TO THE ELECTRICAL COMPONENTS OF ANY GOOD SHALL BE VALID
OR ENFORCEABLE UNLESS BUYER’S WRITTEN NOTICE THEREOF
IS RECEIVED BY SELLER WITHIN ONE (1) YEAR FROM THE DATE OF
SELLER’S DELIVERY TO THE CARRIER AND (ii) SUCH WARRANTY
WITH RESPECT TO THE MECHANICAL COMPONENTS OF ANY GOOD
SHALL BE VALID OR ENFORCEABLE UNLESS BUYER’S WRITTEN
NOTICE THEREOF IS RECEIVED BY SELLER WITHIN ONE (1) YEAR
FROM THE DATE THE DATE ANY ALLEGED CLAIM ACCRUES. EXCEPT
FOR THE WARRANTY SET FORTH ABOVE, SELLER MAKES NO OTHER
WARRANTIES WITH RESPECT TO THE GOODS, WHETHER EXPRESSED
OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUALITY AND/OR THOSE
ARISING BY STATUTE OR OTHERWISE BY LAW OR FROM ANY
COURSE OF DEALING OR USE OF TRADE, ALL OF WHICH ARE HEREBY
EXPRESSLY DISCLAIMED.
C. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD
PARTY WITH RESPECT TO ANY GOOD, WHETHER IN CONTRACT,
TORT OR OTHER THEORY OF LAW, FOR LOSS OF PROFITS OR LOSS
OF USE, OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL,
DIRECT OR INDIRECT DAMAGES, HOWSOEVER CAUSED. SELLER’S
MAXIMUM LIABILITY TO BUYER WITH RESPECT TO THE GOODS
SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR THE
GOODS THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM.
D. Seller shall not be liable for any damage, injury or loss arising out of the
use of the Goods if, prior to such damage, injury or loss, such Goods are:
(1) damaged or misused following Seller’s delivery to the carrier; (2) not
maintained, inspected, or used in compliance with applicable law and
Seller’s written instructions and recommendations; or (3) installed, repaired,
altered or modified without compliance with such laws, instructions or
recommendations.
E. This warranty is limited and provided only to the original end user.
Each Good must be registered within sixty (60) days of receipt
of each product to establish eligibility.
Please register at
www.columbusmckinnon.com/en-us/warranty-registration/
or submit registration card via US mail.
F. Any action against Seller for breach of warranty, negligence or otherwise
in connection with the electrical components of any Good must be
commenced by Buyer within one (1) year after: (a) the date any alleged
claim accrues; or (b) the date of delivery of the Goods to Buyer,
whichever is earlier. Any action against Seller for breach of warranty,
negligence or otherwise in connection with the mechanical components
of any Good must be commenced by Buyer within one (1) year after the
date any alleged claim accrues.
Alterations or modifications of equipment and use of non-factory
repair parts can lead to dangerous operation and injury.
TO AVOID INJURY:
• Do not alter or modify equipment.
• Do use only factory replacement parts.
WARRANTY
LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
