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Waukesha Cherry-Burrell
Waukesha Cherry-Burrell Warranty
Shipping Damage
or Loss
Warranty Claim
August 2008
Seller warrants its products to be free from defect in materials and workmanship for a period of one
(1) year from the date of shipment. This warranty shall not apply to products which require repair
or replacement due to normal wear and tear or to products which are subjected to accident, misuse
or improper maintenance. This warranty extends only to the original Buyer. Products manufactured
by others but furnished by Seller are exempted from this warranty and are limited to the original
manufacturer's warranty.
Seller's sole obligation under this warranty shall be to repair or replace any products that Seller
determines, in its discretion, to be defective. Seller reserves the right either to inspect the products
in the field or to request their prepaid return to Seller. Seller shall not be responsible for any
transportation charges, duty, taxes, freight, labor or other costs. The cost of removing and/or
installing products which have been repaired or replaced shall be at Buyer's expense.
Seller expressly disclaims all other warranties, express or implied, including without limitation any
warranty of merchantability of fitness for a particular purpose. The foregoing sets forth Seller's
entire and exclusive liability, and Buyer's exclusive and sole remedy, for any claim of damages in
connection with the sale of products. In no event shall Seller be liable for any special consequential
incidental or indirect damages (including without limitation attorney's fees and expenses), nor shall
Seller be liable for any loss of profit or material arising out of or relating to the sale or operation of
the products based on contract, tort (including negligence), strict liability or otherwise.
If equipment is damaged or lost in transit, file a claim at once with the delivering carrier. The
carrier has signed the Bill of Lading acknowledging that the shipment has been received from
WCB in good condition. WCB is not responsible for the collection of claims or replacement of
materials due to transit shortages or damages.
Warranty claims must have a Returned Goods Authorization (RGA) from the Seller before
returns will be accepted.
Claims for shortages or other errors, exclusive of transit shortages or damages, must be made in
writing to Seller within ten (10) days after delivery. Failure to give such notice shall constitute
acceptance and waiver of all such claims by Buyer.
95-03076
Warranty
Page 3
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