Waukesha Cherry-Burrell Warranty
10/2010 95-03009 Page 5
Warranty
Seller warrants its products to be free from defect in materials and work-
manship for a period of one (1) year from the date of sh
ipment. This war-
ranty shall not apply to products which require repair or replacement due
to nor
mal wear and tear or to products which are subjected to accident,
misuse or improper maintenance. This warranty extends only to the origi-
nal Buyer. Products manufactured by others but furnished by Seller are
exe
mpted
from this warranty and are limited to the original manufacturer’s
warranty.
Seller’s sole obligation under this warranty shall be to repair or replace
any pr
oducts that Seller determines, in its discretion, to be defective.
Seller reserves the right either to inspect the products in the field or to
request their prepaid return to Seller. Seller shall not be responsible for
any transportation charges, duty, taxes, freight, labor or other costs. The
cost of removing and/or installing products which have been repaired or
replaced shall be at Buyer’s expense.
Seller expressly disclaims all other warranties, express or implied, includ-
ing without limitation any warranty of merchantability of fitnes
s for a par-
ticu
lar purpose. The foregoing sets fort
h Seller’s entire and exclusive
liability, and Buyer’s exclusive and sole remedy, for any claim of damages
in connection with the sale of products. In no event shall Seller be liable
for any special consequential incidental or indirect damages (including
without limitation attorney’s fees and expenses), nor shall Seller be liable
for any loss of profit or material arising out of or relating to the sale or
operation of the products based on contract, tort (including negligence),
strict liability or otherwise.
Shipping Damage or Loss If equipment is damaged or lost in transit, file a claim at once with the
delivering carrier. The carrier has signed the Bill of Lading acknowledging
that the shipment has been received from the seller in good condition.
Seller is not responsible for the collection of claims or replacement of
materials due to transit shortages or damages.
Warranty Claim Warranty claims must have a Returned Goods Authorization (RGA)
from the Seller before returns will be accepted.
Claims for shortages or other errors, exclusive of transit shortages or
damag
es, must be made in writing to Seller within ten (10) days after
delivery. Failure to give such notice shall constitute acceptance and
waiver of all such claims by Buyer.