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WARRANTY LIMITATIONS, REMEDIES AND DAMAGES
This warranty does not apply where normal wear, abuse, improper or inadequate maintenance, eccentric or
side loading, overloading, chemical or abrasive actions, excessive heat, outdoor use without appropriate
measures or unauthorised modifications or repairs cause deterioration of the hoists. This warranty does not
apply to products which RWM S.r.l. has determined to have been misused or abused, connected to voltages
other than those recommended, improperly maintained by the user, or where the malfunction or defect can
be attributed to the use of non-genuine RWM S.r.l. parts.
This expressed warranty is in lieu of all other warranties, expressed or implied, of marketing, fitness for a
particular purpose, or in any other manner, no promise or assertion of fact declared by any vendor’s agent or
representative shall constitute a vendor’s warranty or shall determine any liability or obligation.
The vendor guarantees that at the delivery date to the forwarding agent the goods are free from defects in
workmanship and materials. The sole obligation of possible breach of the warranty or contract for negligence
or in any other manner concerning the goods sold, shall be exclusively limited to repair or replacement, f.o.b.
vendor’s shipping point of any part that the vendor determines to be faulty, or, should the vendor determine
that such repair or replacement cannot be undertaken, to a reimbursement of the purchase price upon return
of the goods to the vendor.
Any action against the vendor for breach of contract, negligence or others must be initiated within one year
from the occurrence of such trial action.
No claim for damages to the vendor for any defects of the goods shall be deemed valid or applicable without
the written notification of the purchaser if it is not received by the vendor within one year from the shipping
date.
The vendor is not liable for any damage, injury or loss due to improper use of the goods if, before such
damage, injury or loss, such goods are (1) damaged or used in an improper manner following the delivery of
the vendor to the forwarding agent (2), not serviced, inspected or used in compliance with the applicable
laws and vendor’s written instructions and advices; or (3) installed, repaired, tampered or modified without
compliance with such law, instructions or advices. Under no circumstance the vendor shall be liable for
accidental or consequential damages since these terms are defined in section 2-715 of the uniform
commercial code.
COMPENSATION AND USE UNDER SAFETY
The purchaser must follow and request his labour force to follow the provisions indicated in the instructions
and manuals supplied by the vendor, and must use them and request his labour force to follow such
instructions and manuals and take suitable care in the maintenance of such products. The purchaser must
not remove, or allow anyone to remove, any warning plates or instructions on the product. In the event of
personal injury or damages to property or the Company resulting from the use of the product, the Purchaser
must give a written notification of such injury or damage to the vendor within 48 hours.
The Purchaser must cooperate with the Vendor in the inquiries on such injury or damage and in defence of
any claim for damages.
If the Purchaser fails to follow this section or if the injuries or damages are caused, totally or partially, by the
Purchaser‘s non-observance of the federal or state laws on safety, the Purchaser must indemnify and keep
harmless the Vendor from any claim, loss or expense for injuries or damages connected to the use of the
product.
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