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13.0 Warranty and Service
Thank you for purchasing this machine from Baileigh Industrial. We hope that you find it productive and useful to you for a long time to come.
Inspection & Acceptance. Buyer shall inspect all Goods within ten (10) days after receipt thereof. Buyer's payment shall constitute final
acceptance of the Goods and shall act as a waiver of the Buyer's rights to inspect or reject the goods unless otherwise agreed. If Buyer rejects
any merchandise, Buyer must first obtain a Returned Goods Authorization ("RGA") number before returning any goods to Seller. Goods returned
without a RGA will be refused. Seller will not be responsible for any freight costs, damages to goods, or any other costs or liabilities pertaining
to goods returned without an RGA. Seller shall have the right to substitute a conforming tender. Buyer will be responsible for all freight costs
to and from Buyer and repackaging costs, if any, if Buyer refuses to accept shipment. If Goods are returned in unsalable condition, Buyer shall
be responsible for full value of the Goods. Buyer may not return any special-order Goods. Any Goods returned hereunder shall be subject to a
restocking fee equal to 30% of the invoice price.
Specifications. Seller may, at its option, make changes in the designs, specifications or components of the Goods to improve the safety of
such Goods, or if in Seller's judgment, such changes will be beneficial to their operation or use. Buyer may not make any changes in the
specifications for the Goods unless Seller approves of such changes in writing, in which event Seller may impose additional charges to
implement such changes.
Limited Warranty. Seller warrants to the original end-user that the Goods manufactured or provided by Seller under this Agreement shall be
free of defects in material or workmanship for a period of twelve (12) months from the date of purchase, provided that the Goods are installed,
used, and maintained in accordance with any instruction manual or technical guidelines provided by the Seller or supplied with the Goods, if
applicable. The original end-user must give written notice to Seller of any suspected defect in the Goods prior to the expiration of the warranty
period. The original end-user must also obtain a RGA from Seller prior to returning any Goods to Seller for warranty service under this
paragraph. Seller will not accept any responsibility for Goods returned without a RGA. The original end-user shall be responsible for all costs
and expenses associated with returning the Goods to Seller for warranty service. In the event of a defect, Seller, at its sole option, shall repair
or replace the defective Goods or refund to the original end-user the purchase price for such defective Goods. Goods are not eligible for
replacement or return after a period of 30 days from date of receipt. The foregoing warranty is Seller's sole obligation, and the original end-
user's exclusive remedy, with regard to any defective Goods. This limited warranty does not apply to: (a) die sets, tooling, and saw blades; (b)
periodic or routine maintenance and setup, (c) repair or replacement of the Goods due to normal wear and tear, (d) defects or damage to the
Goods resulting from misuse, abuse, neglect, or accidents, (f) defects or damage to the Goods resulting from improper or unauthorized
alterations, modifications, or changes; and (f) any Goods that has not been installed and/or maintained in accordance with the instruction
manual or technical guidelines provided by Seller.
EXCLUSION OF OTHER WARRANTIES. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED. ANY AND ALL OTHER EXPRESS, STATUTORY OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. NO WARRANTY
IS MADE WHICH EXTENDS BEYOND THAT WHICH IS EXPRESSLY CONTAINED HEREIN.
Limitation of Liability. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER PARTY FOR ANY INCIDENTIAL,
CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DOWN TIME) ARISING FROM OR
IN MANNER CONNECTED WITH THE GOODS, ANY BREACH BY SELLER OR ITS AGENTS OF THIS AGREEMENT, OR ANY OTHER
CAUSE WHATSOEVER, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY. BUYER'S REMEDY WITH
RESPECT TO ANY CLAIM ARISING UNDER THIS AGREEMENT IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNT PAID BY THE
BUYER FOR THE GOODS.
Force Majuere. Seller shall not be responsible for any delay in the delivery of, or failure to deliver, Goods due to causes beyond Seller's
reasonable control including, without limitation, acts of God, acts of war or terrorism, enemy actions, hostilities, strikes, labor difficulties,
embargoes, non-delivery or late delivery of materials, parts and equipment or transportation delays not caused by the fault of Seller, delays
caused by civil authorities, governmental regulations or orders, fire, lightening, natural disasters or any other cause beyond Seller's reasonable
control. In the event of any such delay, performance will be postponed by such length of time as may be reasonably necessary to compensate
for the delay.
Installation. If Buyer purchases any Goods that require installation, Buyer shall, at its expense, make all arrangements and connections
necessary to install and operate the Goods. Buyer shall install the Goods in accordance with any Seller instructions and shall indemnify Seller
against any and all damages, demands, suits, causes of action, claims and expenses (including actual attorneys' fees and costs) arising directly
or indirectly out of Buyer's failure to properly install the Goods.
Work By Others; Safety Devices. Unless agreed to in writing by Seller, Seller has no responsibility for labor or work performed by Buyer or
others, of any nature, relating to design, manufacture, fabrication, use, installation or provision of Goods. Buyer is solely responsible for
furnishing and requiring its employees and customers to use all safety devices, guards and safe operating procedures required by law and/or
as set forth in manuals and instruction sheets furnished by Seller. Buyer is responsible for consulting all operator's manuals, ANSI or
comparable safety standards, OSHA regulations and other sources of safety standards and regulations applicable to the use and operation of
the Goods.
Remedies. Each of the rights and remedies of Seller under this Agreement is cumulative and in addition to any other or further remedies
provided under this Agreement or at law or equity.
Attorney's Fees. In the event legal action is necessary to recover monies due from Buyer or to enforce any provision of this Agreement, Buyer
shall be liable to Seller for all costs and expenses associated therewith, including Seller's actual attorneys' fees and costs.
Governing Law/Venue. This Agreement shall be construed and governed under the laws of the State of Wisconsin, without application of
conflict of law principles. Each party agrees that all actions or proceedings arising out of or in connection with this Agreement shall be
commenced, tried, and litigated only in the state courts sitting in Manitowoc County, Wisconsin or the U.S. Federal Court for the Eastern District
of Wisconsin. Each party waives any right it may have to assert the doctrine of "forum non conveniens" or to object to venue to the extent that
any proceeding is brought in accordance with this section. Each party consents to and waives any objection to the exercise of personal
jurisdiction over it by courts described in this section. Each party waives to the fullest extent permitted by applicable law the right to a trial by
jury.
Summary of Return Policy.
• 10 Day acceptance period from date of delivery. Damage claims and order discrepancies will not be accepted after this time.
• You must obtain a Baileigh issued RGA number PRIOR to returning any materials.
• Returned materials must be received at Baileigh in new condition and in original packaging.
• Altered items are not eligible for return.
• Buyer is responsible for all shipping charges.
• A 30% re-stocking fee applies to all returns.
Baileigh Industrial makes every effort to ensure that our posted specifications, images, pricing and product availability are as correct and timely
as possible. We apologize for any discrepancies that may occur. Baileigh Industrial reserves the right to make any and all changes deemed
necessary in the course of business including but not limited to pricing, product specifications, quantities, and product availability.
For Customer Service & Technical Support:
Please contact one of our knowledgeable Sales and Service team members at:
(920) 684-4990 or e-mail us at Baileigh-Sales@jpwindustries.com
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