-31-
05/2021 HB60
TERMS AND CONDITIONS OF WARRANTY
1. Denitions. CML USA, Inc. (“CML”) hereunder; the term “End-User” means the ultimate user of the Goods; the term
“Dealer” means an independent contractor of CML whom purchased the Goods from CML to sell to the End-User; and the term
“Goods” means the goods, equipment, products, parts, services, labor, or other items or work provided.
2. Warranty. CML hereby disclaims any warranty regarding speed of production or output or economics of operation with re-
spect to the Goods. If such matters are set forth or described in the specications applicable to the Goods such statement or
description shall be deemed to be an estimate only. Any warranties of CML with respect to the Goods shall be null, void and
without eect if such Goods have been altered or repaired by persons or entities other than CML, unless otherwise agreed to
(in writing) by CML. Notwithstanding any contrary provision contained herein, the warranties of CML hereunder shall become
eective and valid only for one year from the date of the bill of lading issued by the carrier at the designated FOB point. THE
WARRANTIES ATTACHED TO THIS ARE CML’S CURRENT EXCLUSIVE WARRANTIES AND CML EXPRESSLY DIS-
CLAIMS ALL OTHER WARRANTIES (WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY), INCLUDING (BUT NOT
LIMITED TO) ANY WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any claim for
breach of CML’s warranties must be demonstrated to CML’s satisfaction to have existed at the time of delivery of the Goods
and shall be deemed waived by the End-User unless written notice of such claim is actually received by CML within twelve (12)
months after CML has shipped the Goods (FOB, CML’s Factory) to which such claim relates. CML’s liability shall be expressly
limited (at CML’s option) to the replacement or repair of non-conforming or defective Goods or to the credit for the purchase
price of non-conforming Goods. Prior to said repair, replacement, or credit, CML has the right to inspect the Goods claimed
to be defective or non-conforming, and, if requested by CML, End-User shall return such Goods to CML at CML’s direction
and expense. No Goods are to be returned to CML without CML’s prior written authorization. THE REMEDIES SET FORTH
HEREUNDER SHALL CONSTITUTE THE EXCLUSIVE REMEDIES AVAILABLE TO THE END-USER AND ARE IN LIEU OF
ALL OTHER REMEDIES.
3. End-User’s Materials. All materials required by CML to test the operation of the Goods shall be furnished by the End-User
(at its sole cost and expense). All materials and equipment furnished by the End-User for the construction, remodeling, or
testing of Goods (or for any other purpose) shall be delivered to CML at no cost to CML, FOB CML’s warehouse oor. The
End-User shall bear the risk and cost of returning all such materials and equipment to the End-User. The End-User shall pay
all applicable crating and delivery costs and expenses for samples and parts delivered to the End-User and, except as may
be required for testing purposes, the End-User shall pay all costs and expenses pertaining to producing parts or samples
requested by the End-User.
4. Tolerance and Variations. Except as specied by the End-User and expressly agreed to by CML (in writing), the Goods
shall be produced in accordance with CML’s standard business practices. All Goods (including, but not limited to, Goods
produced to meet an exact specication) shall be subject to tolerances and variations consistent with good manufacturing
practice in respect to dimensions, weight, section, chemistry and mechanical properties, the normal variations in surface and
internal conditions and in quality, and to deviations from tolerances and variations consistent with practical testing and inspec-
tion methods.
5. Limitation of Liability. IN NO EVENT SHALL CML BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM THE FURNISHING, PERFORMANCE, OR USE OF THE GOODS
SOLD HEREUNDER (IF AT ALL), WHETHER AS A RESULT OF BREACH OF CONTRACT, BREACH OF WARRANTY, THE
NEGLIGENCE OF CML OR OTHERWISE. CML’s liability under no circumstances will exceed the purchase price for the
Goods for which liability is claimed.
6. Indemnication; Assumption of Risk. To the extent permitted by law, the End-User agrees to indemnify and hold CML
(and its respective agents and employees) harmless from and against any and all liabilities, damages, losses, actions, causes
of action, claims (including, but not limited to, claims of patent infringements), expenses, costs (including, but not limited to,
attorney’s fees), nes, penalties and any other expenses directly or indirectly arising from End-User’s actual use or intended
use of the Goods. The End-User agrees to assume all risk of loss or damage to person or property while on the premises of
CML or of CML’s related corporations. To the extent permitted by law, the End-User (on behalf of itself and all of its agents and
employees) hereby releases and forever discharges CML (and its respective employees and agents) from any and all claims,
demands, causes of action, liabilities, losses or damages resulting or arising from the End-User’s presence (or the presence
of the End-User’s employees and agents) on the premises of CML. The End-User warrants to CML that the End-User has the
authority to grant this release on behalf of the End-User’s agents and employees.
7. Non-Waiver. No waiver, alteration or modication of any of the provisions hereof shall be binding on CML unless such
waiver is expressed in writing by CML. Waiver by CML of any breach or default by End-User hereunder shall not be deemed
a waiver by CML of any default or breach by End-User which may thereafter occur.
8. Assignment. CML reserves the right to subcontract all or any part of the work to be performed hereunder, without obtaining
the consent of the End-User. No notice to the End-User of any subcontracting by CML is required. The rights and obligations
of the End-User hereunder may not be assigned without the prior written consent of CML.
9. Governing Law; Jurisdiction; Venue. The laws of the State of Iowa shall govern all disputes, controversies, interpretive
matters and litigation arising under this warranty. PROPER AND EXCLUSIVE JURISDICTION AND VENUE for all disputes,
controversies, interpretive matters and litigation arising hereunder (or otherwise between the parties) lies with the Iowa District
Court located in Scott County, Iowa or the United States District Court for the Southern District of Iowa, Davenport Division.
The End- User hereby submits to the personal jurisdiction of such courts.
10. Limitations for Suits. Any cause of action or claim arising out of or relating to CML’s performance or failure to perform
hereunder or the furnishing, performance, or use of the Goods hereunder must be commenced within one (1) year after the
claim or cause of action has accrued.
T&CofW_05-2016
To Next Page
Loading...
