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February 2000 COPYRIGHT 2000 Columbus McKinnon Corporation 117463-1
414 W. BROADWAY AVE.
MUSKEGON, MI 49443-0769
Phone: 877 226-6278
Fax: 231 733-3223
P.O. BOX 1000
FORREST CITY, AR 72335
Phone: 800 999-6318
Fax: 800 766-0223
WARRANTY
WARRANTY AND LIMITATION OF REMEDY AND LIABILITY
A. Seller warrants that its products and parts, when shipped,
and its work (including installation, construction and start-up),
when performed, will meet applicable specifications, will be of
good quality and will be free from defects in material and
workmanship. All claims for defective products or parts under
this warranty must be made in writing immediately upon
discovery and, in any event, within two (2) years (or as otherwise
provided) from shipment of the applicable item unless Seller
specifically assumes installation, construction or start-up
responsibility. All claims for defective products or parts when
Seller specifically assumes installation, construction or start-
up responsibility, and all claims for defective work must be made
in writing immediately upon discovery and, in any event, within
two (2) years (or as otherwise provided) from completion of
the applicable work by Seller, provided, however, all claims for
defective products and parts must be made in writing no later
than thirty (30) months after shipment. Defective items must
be held for Seller’s inspection and returned to the original f.o.b.
point upon request. THE FOREGOING IS EXPRESSLY IN
LIEU OF ALL OTHER WARRANTIES WHATSOEVER,
EXPRESS, IMPLIED AND STATUTORY, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS.
B. Upon Buyer’s submission of a claim as provided above and
its substantiation, Seller shall, at its option, either (i) repair or
replace its product, part or work at either the original f.o.b.
point of delivery or at Seller’s authorized service station nearest
Buyer or (ii) refund an equitable portion of the purchase price.
C. This warranty is contingent upon Buyer’s proper maintenance
and care of Seller’s products, and does not extend to normal
wear and tear. Seller reserves the right to void warranty in
event of Buyer’s use of inappropriate materials in the course
of repair or maintenance, or if Seller’s products have been
dismantled prior to submission to Seller for warranty inspection.
D. The foregoing is Seller’s only obligation and Buyer’s
exclusive remedy for breach of warranty, and is Buyer’s
exclusive remedy hereunder by way of breach of contract, tort,
strict liability or otherwise. In no event shall Buyer be entitled
to or Seller liable for incidental or consequential damages. Any
action for breach of this warranty must be commenced within
two (2) years (or as otherwise provided) after the cause of
action has accrued.
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