Yale HOISTS SHAW-BOX YKA Operation & Service Manual page 166

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)
Columbus McKinnon Corporation ("Seller") warrants to the original end
A.
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 a period of three (3) years from
the date of Seller's delivery of the goods (collectively, the "Goods") to the
carrier, the mechanical components of the Goods will be free from defects
in workmanship and materials.
IN THE EVENT OF ANY BREACH OF SUCH WARRANTY, SELLER'S
B.
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 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.
USA: Ph: (800) 888.0985 • (716) 689.5400 • Fax: (716) 689.5644 • www.cmworks.com
CANADA: Ph: (877) 264.6478 • Fax: (877) 264.6477 • www.cmworks.com
WARRANTY
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 (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 must be registered within sixty (60) days of receipt of each
product to establish eligibility. Please register at
warranty-registration
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 mechanical components of any Good must be
commenced by Buyer within one (1) year after the date any alleged claim
accrues.
G. This warranty is contingent upon Buyer's proper maintenance and care of the
Goods, 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 of parts or accessories other than those supplied by Seller.
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/hoist-
or submit registration card via US mail.