© 2018 Columbus McKinnon Corporation. All Rights Reserved
15
P/N: EL-680 REV AA JULY 2018
WARRANTY
LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
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 and any
Replacement Parts. Buyer shall not remove or permit anyone to remove
any warning or instruction signs on the Goods or Replacement Parts. In the
event of personal injury or damage to property or business arising from the
use of the Goods or Replacement Parts, 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 laws, rules or regulations 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 and/or Replacement
Parts.
CMCO Warranty (HOISTS)
A.
Columbus McKinnon Corporation (“Seller”) warrants to the
original end user (“Buyer”) that, for a period of one (1) year
from the date of Seller’s delivery of the goods (collectively, the
“Goods”) to the carrier, the Goods will be free from defects in
workmanship and materials.
. In addition, Seller warrants to
Buyer that, for a period of one (1) year from the date of their
delivery by Seller to the carrier, any aftermarket or replacement
parts, accessories or components purchased by Buyer with
respect to any Goods (collectively, “Replacement Parts”) will be
free from defects in workmanship and materials.
B.
IN THE EVENT OF ANY BREACH OF ANY 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 OR REPLACEMENT PARTS
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 OR
REPLACEMENT PARTS TO SELLER. NO CLAIM AGAINST
SELLER FOR ANY BREACH OF (i) SUCH WARRANTY WITH
RESPECT TO THE ELECTRICAL COMPONENTS OF ANY
GOOD OR ANY REPLACEMENT PARTS, 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 WARRANTIES SET FORTH
ABOVE, SELLER MAKES NO OTHER WARRANTIES WITH
RESPECT TO THE GOODS OR ANY REPLACEMENT
PARTS, 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 OR REPLACEMENT PART,
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 OR ANY REPLACEMENT PART SHALL IN NO
EVENT EXCEED THE PRICE PAID BY BUYER FOR THE GOODS OR
REPLACEMENT PART 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 or any Replacement Part if, prior to such damage, injury or loss, such
Goods or Replacement Parts 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 (a) with any part or accessory other than
those supplied by Seller or (b) without compliance with such laws, instructions or
recommendations.
E. This warranty is limited and provided only to the original end user.
Each Good
and Replacement Part must be registered within sixty (60) days of receipt
of each product to establish eligibility
. Please register at
www.cmworks.com/hoist-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. . Any action against Seller for
breach of warranty, negligence or otherwise in connection with any Replacement
Part must be commenced by Buyer within one (1) year after: (y) the date any
alleged claim accrues; or (z) the date of delivery of the Replacement Part to
Buyer, whichever is earlier.
G. This warranty is contingent upon Buyer’s proper maintenance and care of the
Goods and/or Replacement Parts, and does not extend to normal wear and
tear. Seller reserves the right, at its option, to void this warranty in the event of
Buyer’s use with the Goods and/or Replacement Parts of parts or accessories
other than those supplied by Seller.
Alterations or modifications of equipment and use of non-
Seller replacement parts can lead to dangerous operation
and injury.
TO AVOID INJURY:
• Do not alter or modify equipment.
• Do use only replacement parts manufactured by Seller.
