LIMITED WARRANTY
It is agreed that the equipment purchased hereunder is subject to the following LIMITED warranty and no other. Gorbel warrants the manual or motorized Patented
Track Crane products to be free from defects in material or workmanship for a period of two years or 4,000 hours use from date of shipment in class C service. This
warranty shall not cover failure or defective operation caused by operation in excess of recommended capacities, misuses, negligence or accident, and alteration or
repair not authorized by Gorbel. No system shall be field modified after manufacture without the written authorization of Gorbel, Inc. Any field modification made to the
system without the written authorization of Gorbel, Inc. shall void Gorbel’s warranty obligation. OTHER THAN AS SET FORTH HEREIN, NO OTHER EXPRESS
WARRANTIES, AND NO IMPLIED WARRANTIES, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY GORBEL WITH RESPECT TO ITS PRODUCTS AND ALL SUCH WARRANTIES ARE HEREBY
SPECIFICALLY DISCLAIMED. GORBEL SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL
DAMAGES WHATSOEVER, WHETHER OR NOT FORESEEABLE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS AND ALL SUCH
INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES ARE HEREBY ALSO SPECIFICALLY DISCLAIMED. Gorbel’s obligation and Purchaser’s or end
user’s sole remedy under this warranty is limited to the replacement or repair of Gorbel’s products at the factory, or at the discretion of Gorbel, at a location designated
by Gorbel. Purchaser or end user shall be solely responsible for all freight and transportation costs incurred in connection with any warranty work provided by Gorbel
hereunder. Gorbel will not be liable for any loss, injury or damage to persons or property, nor for damages of any kind resulting from failure or defective operation
of any materials or equipment furnished hereunder. Components and accessories not manufactured by Gorbel are not included in this warranty. Purchaser’s or end
user’s remedy for components and accessories not manufactured by Gorbel is limited to and determined by the terms and conditions of the warranty provided by the
respective manufacturers of such components and accessories.
A) DISCLAIMER OF IMPLIED WARRANTY OF MERCHANTABILITY
Gorbel and Purchaser agree that the implied warranty of merchantability is excluded from this transaction and shall not apply to the goods
involved in this transaction.
B) DISCLAIMER OF IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE
Gorbel and Purchaser agree that the implied warranty of fitness for particular purpose is excluded from this transaction and shall not apply to
the goods involved in this transaction.
C) DISCLAIMER OF EXPRESS WARRANTY
Gorbel’s agents, or dealer’s agents, or distributor’s agents may have made oral statements about the machinery and equipment described in
this transaction. Such statements do not constitute warranties, and Purchaser agrees not to rely on such statements. Purchaser also agrees
that such statements are not part of this transaction.
D) DISCLAIMER OF SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES
Gorbel and Purchaser agree that any claim made by Purchaser which is inconsistent with Gorbel’s obligations and the warranty remedies
provided with Gorbel’s products, and in particular, special, incidental and consequential damages, are expressly excluded.
E) DEALER OR DISTRIBUTOR NOT AN AGENT
Gorbel and Purchaser agree that Purchaser has been put on notice that dealer or distributor is not Gorbel’s agent in any respect for any
reason. Gorbel and Purchaser also agree that Purchaser has been put on notice that dealer or distributor is not authorized to incur any
obligations or to make any representations or warranties on Gorbel’s behalf other than those specifically set forth in Gorbel’s warranty provided
in connection with its product.
F) MERGER
This warranty agreement constitutes a final and complete written expression of all the terms and conditions of this warranty and is a complete
and exclusive statement of those terms.
G) PAINTING
Every crane (excluding components) receives a quality paint job before leaving the factory. Unfortunately, no paint will protect against the
abuses received during the transportation process via common carrier. We have included at least one (1) twelve ounce spray can for touchup
with each crane ordered (unless special paint was specified). If additional paint is required, contact a Gorbel® Customer Service
Representative at 1-800-821-0086 or 1-585-924-6262.
Title and Ownership:
Title to the machinery and equipment described in the foregoing proposal shall remain with Gorbel and shall not pass to the Purchaser until the full amount
herein agreed to be paid has been fully paid in cash.
Claims and Damages:
Unless expressly stated in writing, goods and equipment shall be at Purchaser’s risk on and after Seller’s delivery in good shipping order to the Carrier. Gorbel
shall in no event be held responsible for materials furnished or work performed by any person other than it or its authorized representative or agent.
Cancellations:
If it becomes necessary for the purchaser to cancel this order wholly or in part, he shall at once so advise Gorbel in writing. Upon receipt of such written notice
all work will stop immediately. If the order entails only stock items, a flat restocking charge of 15% of the purchase price will become due and payable by
Purchaser to Gorbel. Items purchased specifically for the canceled order shall be charged for in accordance with the cancellation charges of our supplier plus
15% for handling in our factory. The cost of material and/or labor expended in general fabrication for the order shall be charged for on the basis of total costs to
Gorbel up to the time of cancellation plus 15%.
Returns:
No equipment, materials or parts may be returned to Gorbel without express permission in writing to do so.
Extra Charge Delay: If Purchaser delays or interrupts progress of Seller’s performance, or causes changes to be made, Purchaser agrees to reimburse Gorbel
for expense, if any, incident to such delay.
Changes and Alterations:
Gorbel reserves the right to make changes in the details of construction of the equipment, as in its judgment, will be in the interest of the Purchaser; will make
any changes in or additions to the equipment which may be agreed upon in writing by the Purchaser; and Gorbel is not obligated to make such changes in
products previously sold any customer.
Third Party Action:
Should Gorbel have to resort to third party action to collect any amount due after thirty (30) days from date of invoice, the Purchaser agrees to pay collection
costs, reasonable attorney’s fees, court costs and legal interest.
OSHA Responsibilities:
Gorbel agrees to fully cooperate with Purchaser in the design, manufacture or procurement of safety features or devices that comply with OSHA regulations. In
the event additional equipment or labor shall be furnished by Gorbel, it will be at prices and standard rates then in effect, or as may be mutually agreed upon at
the time of the additional installation.
Equal Employment Opportunity:
Gorbel agrees to take affirmative action to ensure equal employment opportunity for all job applicants and employees without regard to race, color, age, religion,
sex, national origin, handicap, veteran, or marital status. Gorbel agrees to maintain non-segregated work facilities and comply with rules and regulations of the
Secretary of Labor or as otherwise provided by law or Executive Order.
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