Warranty. Supplier warrants that the Hand Truck and the Accessories (the “Products”) sold hereunder will be free from defects in material or workmanship under normal use and service for the period of one year following the date of sale (“Warranty Period”). Supplier makes no warranty for any Product made by persons other than Supplier, and Purchaser’s sole warranty therefore, if any, is the original manufacturer’s warranty, which Supplier agrees to pass on to Purchaser, as applicable. Supplier makes no warranty for third party equipment and accessories connected to Products. Supplier’s obligation under this warranty is limited to the repair or replacement, at Supplier’s option, of defective parts. Supplier may undertake such repair at Purchaser’s facility, and Purchaser will furnish Supplier safe and sufficient access therefor. Repair or replacement may be with parts or Product that are new, used or refurbished, and will not interrupt, extend or prolong the term of the warranty. Purchaser will pay Supplier its normal charges for service and parts for any inspection, repair or replacement that is not, in Supplier’s sole judgment, covered by the warranty. Supplier may utilize sub-contractors for purposes of carrying out its warranty obligations. It is the responsibility of Purchaser, at its own expense, to operate and keep the Products in good condition, and operate them with due care and in accordance with Supplier’s instructions, to prevent injury to the Products or any person or property.
Exclusions. Supplier’s warranty obligations specifically exclude labor, parts and expenses necessary to repair due to, and no warranty extended by Supplier will apply to, Products that are or have been subject to any of the following: (i) damage by accident, misuse, abuse, negligence, improper application or alteration or by Act of God or by the Purchaser’s failure to operate Products in accordance with the instructions or to maintain the recommended operating environment and conditions; or (ii) defects due to unauthorized attempts to repair, relocate, maintain, service, add to or modify Products by the Purchaser or any third party or due to the attachment and/or use of non-Supplier supplied equipment without Supplier’s prior written approval
Conditions. This warranty is made on condition that prompt written notice of any noncompliance is given to Supplier and Supplier’s inspection reveals that the Purchaser’s claim is valid under the terms of the warranty in that the noncompliance is due to traceable defects in original materials and/or workmanship.
LIMITATIONS. THE FOREGOING ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SUPPLIER WITH RESPECT TO THE PRODUCTS INCLUDING EQUIPMENT AND ACCESSORIES, AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability. In no event will Supplier’s liability hereunder exceed the actual price paid by Purchaser for the Products.
PURCHASER HEREBY DISCLAIMS AND RELEASES SUPPLIER FROM ANY LIABILITY FOR LOSS OF USE, REVENUE OR ANTICIPATED PROFITS, OR FOR ANY INCIDENTAL, UNFORESEEN, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THE PRODUCTS.
The Erickson Ratchet and strap comes with a 90 day manufacturers warranty.