Warranty Information - Columbus McKinnon CM Bandit BAN07505 Manual De Funcionamiento, Mantenimiento Y Piezas

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LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
THE WARRANTY STATED BELOW IS GIVEN IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIES, OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR OTHERWISE, NO PROMISE OR AFFIRMATION OF FACT MADE BY ANY AGENT OR REPRESENTATIVE OF
SELLER SHALL CONSTITUTE A WARRANTY BY SELLER OR GIVE RISE TO ANY LIABILITY OR OBLIGATION.
Seller warrants that on the date of delivery to carrier the goods are free from defects in workmanship and materials.
SELLER'S SOLE OBLIGATION IN THE EVENT OF BREACH OF WARRANTY OR CONTRACT OR FOR NEGLIGENCE OR OTHERWISE WITH RESPECT
TO GOODS SOLD SHALL BE EXCLUSIVELY LIMITED TO REPAIR OR REPLACEMENT, F.O.B. SELLER'S POINT OF SHIPMENT, OF ANY PARTS
WHICH 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.
Any action against Seller for breach of warranty, negligence or otherwise, must be commenced within one year after such cause of action occurs.
NO CLAIM AGAINST SELLER FOR ANY DEFECT IN THE GOODS SHALL BE VALID OR ENFORCEABLE UNLESS BUYER'S WRITTEN NOTICE
THEREOF IS RECEIVED BY SELLER WITHIN ONE YEAR FROM THE DATE OF SHIPMENT.
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 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 law, instructions or recommendations.
UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS THOSE TERMS ARE DEFINED IN
SECTION 2-715 OF THE UNIFORM COMMERCIAL CODE.
INDEMNIFICATION AND SAFE OPERATION
Buyer shall comply with and require its employees to comply with directions set forth in instructions and manuals furnished by Seller and shall use and
require its employees to follow such instructions and manuals and to use reasonable care in the use and maintenance of the goods. Buyer shall not
remove or permit anyone to remove any warning or instruction signs on the goods. In the event of personal injury or damage to property or business
arising from the use of the goods, Buyer shall within 48 hours thereafter give Seller written notice of such injury or damage. Buyer shall cooperate with
Seller in investigating any such injury or damage and in the defense of any claims arising therefrom.
If Buyer fails to comply with this section or if any injury or damage is caused, in whole or in part, by Buyer's failure to comply with applicable federal or
state safety requirements, Buyer shall indemnify and hold Seller harmless against any claims, loss or expense for injury or damage arising from the use
of the goods.
CMCO WARRANTY (HOISTS)
A. Columbus McKinnon Corporation ("Seller") warrants to the original end user ("Buyer") that: (a) 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.
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. In addition to the lifetime hoist warranty, there is a 3-Year Brake Warranty on the
Bandit. If the brake discs on the Bandit wear out within three years from the date of purchase, Columbus McKinnon will replace the ratchet disc
assembly free of charge. The brake repair must be done by an Authorized Bandit Service Center as designated by Columbus McKinnon.
Visit www.cmworks.com for a list of locations.
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.
CM HOIST PARTS AND SERVICES ARE AVAILABLE
As a CM hoist and trolley user you are assured of reliable repair and parts services through a network of
Master Parts Depots and Service Centers that are strategically located in the United States and Canada.
These facilities have been selected on the basis of their demonstrated ability to handle all parts and
repair requirements promptly and efficiently. To quickly obtain the name of the Master Parts Depot or
Service Center located nearest you, call (800) 888-0985. Fax: (716) 689-5644.
Note: When ordering parts, always furnish rated load and serial number of hoist on which the parts are to be used.

WARRANTY INFORMATION

IN THE UNITED STATES AND IN CANADA
1
(ENGLISH)
P/N: BANMANUAL REV. AC March 2014

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