CM HURRICANE IPR Manual De Funcionamiento, Mantenimiento Y Piezas página 56

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. 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 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
USA: Ph: (800) 888.0985
CANADA: Ph: (877) 264.6478
© 2018 Columbus McKinnon Corporation. All Rights Reserved.
WARRANTY
C. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY
D. Seller shall not be liable for any damage, injury or loss arising out of the use of
E. This warranty is limited and provided only to the original end user. Each Good
F. Any action against Seller for breach of warranty, negligence or otherwise in
(716) 689.5400 Fax: (716) 689.5644
• •
Fax: (877) 264.6477
•
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.
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.
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.
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.
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.
Alterations or modifications of equipment and use of non-factory repair
parts can lead to dangerous operation and injury.
TO AVOID INJURY:
• Do not alter or modify equipment.
• Do use only factory replacement parts.
www.cmworks.com
•
www.cmworks.com
•
P/N 192048551 Rev. AA (January 2018)