User Manual

P/N: 192047082 (REV AA) 627NH January 2018
61
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)
A. Columbus McKinnon Corporation (“Seller”) warrants to the original
end 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 the life of the Goods, the
mechanical components of the Goods will be free from defects in
workmanship and materials.
B. IN THE EVENT OF ANY BREACH OF SUCH WARRANTY, SELLER’S 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.
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 modied 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 www.cmworks.com/
hoist-warranty-registration or submit registration card via US mail.
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.
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.
HOIST WARRANTY
WARRANTY AND LIMITATION OF REMEDY AND LIABILITY
Magnetek, hereafter referred to as Company, guarantees that the
drive has been manufactured by it against any defects of material
and/or workmanship for a period of two years from the date of
shipment. Company makes NO OTHER WARRANTY, EXPRESSED
OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS
OF THE ITEMS FOR THEIR INTENDED USE OR AS TO THEIR
PERFORMANCE. Any statement, description or specication in
Company’s literature is for the sole purpose of identication of
items sold by the Company and imparts no guarantee, warranty
or undertaking by company of any kind. Components and
accessories not manufactured by Magnetek are not included
in this warranty and are warranted separately by their
respective manufacturers.
Company’s sole liability shall be to repair at its factory, or replace
any item returned to it within two years from date of shipment,
which Company nds to contain defective material or workmanship.
All items to be repaired or replaced shall be shipped to Company
(Note: return authorization by Company is required) within said
two year period, freight prepaid, as a condition to repair or
replace defective material or workmanship. Company’s herein
assumed responsibility does not cover defects resulting from
improper installation, maintenance, or improper use. Any corrective
maintenance performed by anyone other than the Company during
the warranty period shall void the warranty. Company shall not be
liable for damages of any kind from any cause whatsoever beyond
the price of the defective Company supplied items involved.
Company shall not be liable for economic loss, property damage,
or other consequential damages or physical injury sustained by
the purchaser or by any third party as a result of the use of any
Company supplied items or material.
Company neither assumes nor authorizes any other person to
assume for Company any other liability in connection with the sale or
use of items sold by Company.
Materials or items may not be returned for credit, without the prior
written consent of the Company. Any authorized return of materials
or items shall be subject to a restocking charge equal to 25% of the
net invoiced amount ($100 minimum charge for all control products)
after Company determines that the material or item is in resalable
condition. If upon receipt of the material or items returned, the
Company determines that said material or items cannot be resold
without alteration or service, the Company reserves the right to
reject the returned materials or items and to send the same back to
said purchaser at purchaser’s expense.
Any claim for errors in shipment or for material or time shortages
must be receive by Company within 30 days of shipment and must
be accompanied by copies of the bill of lading and packing slip.
Refer to hoist manual for CM’s Repair/Replacement policy that
applies to the hoist.
MAGNETEK LIMITED WARRANTY