CM Tornado 360 Manuel D'entretien, D'opération Et De Pièces page 2

LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
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 and any
replacement parts. Buyer shall not remove or permit anyone to remove any
warning or instruction signs on the goods or replacement parts. In the event
of personal injury or damage to property or business arising from the use of
the goods or replacement parts, 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 laws, rules or regulations 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 and/or replacement
parts.
CMCO Warranty (HOISTS)
A. Columbus McKinnon Corporation ("Seller") warrants to the original
end user ("Buyer") that, for a period of one (1) year from the date of
Seller's delivery of the goods (collectively, the "Goods") to the carrier,
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. . In addition, Seller
warrants to Buyer that, for a period of one (1) year from the date of their
delivery by Seller to the carrier, any aftermarket or replacement parts,
accessories or components purchased by Buyer with respect to any
Goods (collectively, "Replacement Parts") will be free from defects in
workmanship and materials.
B. IN THE EVENT OF ANY BREACH OF ANY 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 REPLACEMENT 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 OR REPLACEMENT PARTS TO SELLER. NO CLAIM
AGAINST SELLER FOR ANY BREACH OF (i) SUCH WARRANTY WITH
RESPECT TO THE ELECTRICAL COMPONENTS OF ANY GOOD OR
REPLACEMENT PARTS 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 WARRANTIES SET FORTH ABOVE, SELLER MAKES NO OTHER
WARRANTIES WITH RESPECT TO THE GOODS OR ANY REPLACEMENT
PARTS, 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
D. Seller shall not be liable for any damage, injury or loss arising out of the
use of the Goods or any Replacement Part if, prior to such damage, injury
or loss, such Goods or Replacement Parts 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 (a) with
any part or accessory other than those supplied by Seller or (b) without
compliance with such laws, instructions or recommendations.
E. This warranty is limited and provided only to the original end user. Each
Good and Replacement Part 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 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 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. Any action against Seller for breach of warranty,
negligence or otherwise in connection with any Replacement Part must
be commenced by Buyer within one (1) year after: (y) the date any alleged
claim accrues; or (z) the date of delivery of the Replacement Part to
Buyer, whichever is earlier.
G. This warranty is contingent upon Buyer's proper maintenance and care
of the Goods and/or Replacement Part, and does not extend to normal
wear and tear. Seller reserves the right, at its option, to void this warranty
in the event of Buyer's use with the Goods and/or Replacement Parts of
parts or accessories other than those supplied by Seller.
Alterations or modifications of equipment and use of non-Seller
replacement parts can lead to dangerous operation and injury.
TO AVOID INJURY:
• Do not alter or modify equipment.
• Do use only replacement parts manufactured by seller.
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(ENGLISH)
PARTY WITH RESPECT TO ANY GOOD OR REPLACEMENT PART,
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 OR ANY REPLACEMENT PART
SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR THE
GOODS OR REPLACEMENT PART THAT ARE THE SUBJECT OF THE
APPLICABLE CLAIM.
P/N: 192034281 Rev AF Oct 2018