Unless Seller offers additional or an alternate warranty in the Quotation, website or other written correspondence applicable to an order, Seller warrants to the original purchaser that the Equipment provided under the Contract shall be free from defects in material or workmanship for a period of up to one (1) year, depending upon the specific machine, measured from the date of shipment. If the Equipment or scope of supply contains electrical controls, control upgrades and/or VFD motor(s), the effective period of warranty for such items may be shorter than one (1) year. Refer to the Quotation for details. The foregoing warranty will become void, and Seller will have no obligation whatsoever under this warranty, with respect to any of the following: Equipment that is (i) not used or maintained in a normal and proper manner, in accordance with any manuals or instructions that might be provided by Seller; (ii) Equipment that is modified, altered or repaired without the prior written approval of Seller; (iii) Buyer fails to make any payments when due under Section 4 or otherwise in the Contract or (iv) Equipment that is assigned, sold or transferred to an entity other than the Buyer unless Buyer is a financing entity, lessor, sales representative, dealer or authorized reseller and has notified Seller in advance at time of order that Buyer will not be the end-user of the Equipment in which case the Product warranty may, at Seller’s option and discretion, be transferred to the end-user upon written request by Buyer. Seller will repair or replace at its option components which upon inspection it finds to be defective, based on claims made in writing to Seller within a reasonable time after discovery and within the warranty period. Components alleged to be defective must be returned to Seller for repair or replacement, freight prepaid, within thirty (30) days of Buyer’s receipt of the Seller-issued return authorization number, which must be clearly marked on the outside of the return container.
Replacement components shall be shipped from Seller upon Buyer’s request and receipt of a valid purchase order number so the validity of the warranty can be determined. Unless otherwise specified, replacement components shall be Delivered to Buyer “EXW (EX Works) Seller’s factory or designated location” (Incoterms 2020 or current version). Any labor or equipment rental costs incurred at Buyer’s site in the dismantling and reassembly of the Equipment shall be at Buyer’s sole expense. Notwithstanding the foregoing, in addition to the ‘repair/re-place’ remedy available to Buyer as set forth above, upon Buyer’s notification to Seller of a defect that is materially impairing the operation of the Equipment, Seller shall provide technical support via telephone or other electronic means to assist Buyer in identifying the cause and make recommendations for repair. If, at any time during this process, Seller determines in its sole discretion that it is unreasonable to expect Buyer’s personnel to be able to repair the defect without on-site assistance from Seller, Seller shall then travel to Buyer’s site, as soon as reasonably possible, at no additional charge to Buyer, to evaluate the situation and effect a prompt repair. If the cause of the defect is unrelated to defects in Seller’s workmanship or material, Buyer shall reimburse Seller for the expenses and Seller’s labor associated with the visit to Buyer’s site. This warranty excludes equipment, materials and components furnished by the Seller but manufactured by another party, which may be incorporated in the Equipment. Such components and equipment shall bear no warranties other than the warranties extended by and enforceable against the manufacturer thereof at the time of Delivery to Buyer (which warranties Seller will furnish on Buyer’s written request), for the period stated in that warranty. If the Equipment (machinery, controls or tooling) is or includes re-built machinery, the warranty does not extend to, include or cover any used machined parts, fabrications or components whether supplied or provided by Buyer or otherwise that are not replaced by Seller as part of the re-building process. If Equipment or components is deemed by Seller, or in the case of a component, the manufacturer of the component, to be obsolete, such Equipment or components shall bear no warranty.
THE WARRANTY STATED HEREIN IS PERSONAL TO BUYER AND SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE EQUIPMENT FURNISHED HEREUNDER AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE WARRANTY SHALL CONSTITUTE BUYER’S EXCLUSIVE REMEDY WITH RESPECT TO THE EQUIPMENT FURNISHED HEREUNDER.
If Buyer removes or permits anyone to remove or disable any safety equipment, presence sensing devices, light curtains, guards, safety feature, warning placards, labels or warning signs from the Equipment of any equipment into which the Equipment is installed, or fails to observe any condition in this warranty, or if any injury or damage is caused, in whole or in part, by the end-user’s failure to comply with applicable federal, state or local safety requirements or Seller’s instructions as set forth in Section 12 of Seller’s Machinery Terms And Conditions of Sale, Seller shall have no obligation to Buyer, and Buyer shall indemnify and hold Seller harmless against any claims, loss or expense for injury or damage arising from the improper use of the Equipment. Seller specifically disclaims any and all liability arising out of the operating of the Equipment other than the warranty liabilities to the original Buyer.
Warranty Request Form
4899 Commerce Parkway
Cleveland, OH 44128 USA
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