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LIMITED WARRANTY
All Warner & Swasey branded products are warranted against defects in materials and workmanship, for a period of one (1) year following the date of purchase. With respect to such Warner & Swasey branded products, this warranty supersedes any and all other warranties.
Warner & Swasey branded products are not warranted against normal wear and tear, items consumed or expended by their normal use, improper maintenance, neglect, product misuse (including criminal misuse, negligence or use under the influence of drugs or alcohol), accidental damage, or damage caused by improper handling, unapproved modifications to the product, or corrosion or any other damage due to exposure to the elements. The authorized dealer of Warner & Swasey branded products from whom the Original Owner purchased the Warner & Swasey branded products (“Authorized Dealer”) shall make the final determination as to whether the product is defective.
UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE AUTHORIZED DEALER OR AFFILIATES, PARENTS OR SUBSIDIARIES OF SUCH AUTHORIZED DEALER (INDIVIDUALLY AND/OR COLLECTIVELY “DEALER GROUP”) BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE WARNER & SWASEY-BRANDED PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF THE DEALER GROUP, IN THE AGGREGATE, EXCEED THE AMOUNT PAID BY THE ORIGINAL OWNER FOR THE PURCHASE OF THE WARNER & SWASEY BRANDED PRODUCT TO THE AUTHORIZED DEALER, LESS ANY COSTS ASSOCIATED WITH SHIPPING AND INSURANCE.
THE AUTHORIZED DEALER, ON BEHALF OF ITSELF AND THE DEALER GROUP, DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, NOT EXPRESSLY STATED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT ANY IMPLIED WARRANTIES MAY NONETHELESS EXIST BY OPERATION OF LAW, SUCH WARRANTIES ARE LIMITED TO THE DURATION PROVIDED BY LAW. THE AUTHORIZED DEALER DOES NOT ASSUME OR AUTHORIZE ANY OTHER PERSON OR ENTITY (INCLUDING ANY MEMBER OF THE DEALER GROUP OR ANY UNRELATED PERSON OR ENTITY) TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH ITS PRODUCTS.
In order to make a claim under this warranty, the Original Owner must submit to the Authorized Dealer (i) written notice of such claim within one (1) year from the date of purchase of the Warner & Swasey branded product from the Authorized Dealer, and (ii) a receipt evidencing such purchase by the Original Owner from the Authorized Dealer. If the Original Owner submits a valid claim under this Limited Warranty (as determined by the Authorized Dealer in its sole discretion), the Authorized Dealer will authorize your return of the product by issuing a “Return Material Authorization”. If the Original Owner submits a claim under this Limited Warranty outside the foregoing one (1) year period, the Authorized Dealer will review such requests on a case-by-case basis, and may issue in its sole discretion (but is not obligated to issue) a “Return Material Authorization”. Neither issuance of a “Return Material Authorization” nor performance of any warranty service or repair, nor provision of any replacement product or part, shall, under any circumstances, extend the one (1) year warranty period hereunder. In the event the Authorized Dealer issues a “Return Material Authorization” hereunder, it will, at its sole discretion, either, without charge other than charges for shipping and insurance, (i) repair the product, including replace defective parts with new or refurbished parts, or (ii) replace the product with a product of equal or greater value. If the Authorized Dealer decides to replace a product hereunder, it will keep the product being replaced. The Original Owner’s sole and exclusive remedy shall be as set forth herein.
You must satisfy all terms and restrictions set forth in this Limited Warranty and obtain a “Return Material Authorization” before shipping any product to the Authorized Dealer. It is important that the Original Owner comply with all applicable federal, state and local laws and regulations in the shipment of the Warner & Swasey branded product to the Authorized Dealer. Before shipping any product to the Authorized Dealer, please ensure the following: (1) the product has not been modified and is clean, and any accessories or other items have been removed from the product (unless otherwise instructed by a technical support agent of the Authorized Dealer); (2) the completed Return Material Authorization form has been placed inside the packaging; and (3) the Return Material Authorization number has been clearly written on the outside of the packaging. Any failure to follow these instructions could result in your package being refused and returned to you without repairs at your expense.
To obtain service, contact the Authorized Dealer that sold you the Warner & Swasey branded product.
This warranty gives you specific legal rights, and you may have other legal rights, which vary from state to state.