11
UNIVERSAL TROLLEY
P/N 33339401 Rev AB August 2018
INDEMNIFICATION AND SAFE OPERATION
Buyer shall comply with and require its employees to comply with direc-
tions 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. (b) for a period
of three (3) years from the date of Seller’s delivery of the Goods to the
carrier, the brake discs on the Goods will be free from defects in work-
manship and materials; and (c) for the life of the Goods, the mechanical
components including, without limitation, the sidewinder hoist lever, of
the Goods (other than the brake discs on 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 RE-
FUND OF THE PURCHASE PRICE UPON RETURN OF THE GOODS OR
REPLACEMENT PARTS TO SELLER. NO CLAIM AGAINST SELLER FOR
ANY BREACH OF (i) SUCH WARRANTY WITH RESPECT TO THE ELECTRI-
CAL COMPONENTS OF ANY GOOD OR 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, (ii) SUCH WARRANTY
WITH RESPECT TO THE BRAKE DISCS OF ANY GOOD SHALL BE VALID
OR ENFORCEABLE UNLESS BUYER’S WRITTEN NOTICE THEREOF
IS RECEIVED BY SELLER WITHIN THREE (3) YEARS FROM THE DATE
OF SELLER’S DELIVERY TO THE CARRIER AND (iii) SUCH WARRANTY
WITH RESPECT TO THE MECHANICAL COMPONENTS, INCLUDING,
WITHOUT LIMITATION, THE SIDEWINDER HOIST LEVER, OF ANY GOOD
(OTHER THAN THE BRAKE DISCS ON ANY GOOD) SHALL BE VALID
OR ENFORCEABLE UNLESS BUYER’S WRITTEN NOTICE THEREOF IS
RECEIVED BY SELLER WITHIN ONE (1) YEAR FROM THE DATE ANY AL-
LEGED 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 ARIS-
ING 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, HOW-
SOEVER 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 follow-
ing Seller’s delivery to the carrier; (2) not maintained, inspected, or used in
compliance with applicable law and Seller’s written instructions and recom-
mendations; or (3) installed, repaired, altered or modied (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 com-
menced 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 brake discs on any Good must be
commenced by Buyer within three (3) years after: (y) the date any alleged
claim accrues; or (z) 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
(other than the brake discs on 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 connec-
tion 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 Part, 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 modications 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.
WARRANTY
LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
To Next Page
Loading...
