CM LODESTAR Manual De Funcionamiento, Mantenimiento Y Piezas página 94

LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
CMCO WARRANTY (HOISTS)
A. Columbus McKinnon Corporation ("Seller") warrants to the
original end user ("Buyer") that: (a) for a period of one (1) year
from the date of Seller's delivery of the goods (collectively, the
"Goods") to the carrier, the electrical components of the Goods
will be free from defects in workmanship and materials; and (b)
for the life of the Goods, the mechanical components of the
Goods will be free from defects in workmanship and materials.
B. IN THE EVENT OF ANY BREACH OF 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 THAT SELLER DETERMINES TO HAVE
BEEN DEFECTIVE or, if Seller determines that such repair or
replacement is not feasible, to a refund of the purchase price
upon return of the goods to Seller. NO CLAIM AGAINST
SELLER FOR ANY BREACH OF (i) SUCH WARRANTY WITH
RESPECT TO THE ELECTRICAL COMPONENTS OF ANY
GOOD 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 AND (ii) SUCH
WARRANTY WITH RESPECT TO THE MECHANICAL
COMPONENTS OF ANY GOOD SHALL BE VALID OR
ENFORCEABLE UNLESS BUYER'S WRITTEN NOTICE
THEREOF IS RECEIVED BY SELLER WITHIN ONE (1) YEAR
FROM THE DATE the date any alleged claim accrues. EXCEPT
FOR THE WARRANTY SET FORTH ABOVE, SELLER MAKES
NO OTHER WARRANTIES WITH RESPECT TO THE GOODS,
WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUALITY AND/OR THOSE ARISING
BY STATUTE OR OTHERWISE BY LAW OR FROM ANY
COURSE OF DEALING OR USE OF TRADE, ALL OF WHICH
ARE HEREBY EXPRESSLY DISCLAIMED.
WARRANTY
C. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY
THIRD PARTY WITH RESPECT TO ANY GOOD, 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, HOWSOEVER CAUSED. SELLER'S MAXIMUM
LIABILITY TO BUYER WITH RESPECT TO THE GOODS SHALL
IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR
THE GOODS 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 if, prior to such damage, injury
or loss, such Goods are: (1) damaged or misused following
Seller's delivery to the carrier; (2) not maintained, inspected,
or used in compliance with applicable law and Seller's written
instructions and recommendations; or (3) installed, repaired,
altered or modified without compliance with such laws,
instructions or recommendations.
E. This warranty is limited and provided only to the original end
user. Each Good 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 commenced 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 mechanical components of any Good must
be commenced by Buyer within one (1) year after the date any
alleged claim accrues.
92
(ENGLISH)
P/N: 83874 (REV. 627-T) September 2016