Warranty Information - CM Tornado 360 Manuel D'entretien, D'opération Et De Pièces

WARRANTY INFORMATION

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.
WARRANTY INFORMATION
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; (b) for a
period of three (3) years from the date of Seller's delivery of the Goods to the carrier, the brake discs on the Goods will be free from defects in workmanship
and materials; and (c) for the life of the Goods, the mechanical components, including, without limitation, the sidewinder hoist lever, of the Goods (other than
the brake discs on 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 OR PARTS 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, (ii) SUCH WARRANTY WITH RESPECT TO THE BRAKE DISCS OF ANY GOOD SHALL BE VALID OR ENFORCEABLE UNLESS
BUYER'S WRITTEN NOTICE THEREOF IS RECEIVED BY SELLER WITHIN THREE (3) YEARS FROM THE DATE OF SELLER'S DELIVERY TO THE CARRIER
AND (iii) SUCH WARRANTY WITH RESPECT TO THE MECHANICAL COMPONENTS, INCLUDING, WITHOUT LIMITATION, THE SIDEWINDER HOIST LEVER,
OF ANY GOOD (OTHER THAN THE BRAKE DISCS ON ANY GOOD) SHALL BE VALID OR ENFORCEABLE UNLESS BUYER'S WRITTEN NOTICE THEREOF
IS RECEIVED BY SELLER WITHIN ONE (1) YEAR FROM 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 Buyer. Each Good must be registered within sixty (60) days of receipt of such Good 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 brake discs on any Good must be commenced by Buyer within three (3)
years after: (y) the date any alleged claim accrues; or (z) 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, including, without limitation, the sidewinder hoist lever, of any Good (other
than the brake discs on any Good) must be commenced by Buyer within one (1) year after the date any alleged claim accrues.
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.
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P/N: 192034281 REV. AA September 2016