Product Manual

LIMITED WARRANTY
It is agreed that the equipment purchased hereunder is subject to the following LIMITED warranty and no other. The Company, warrants the manual push-pull Shop
Crane by Gorbel products to be free from defects in material or workmanship for a period of two years or 1,000 hours use from date of shipment.This warranty shall
not cover failure or defective operation caused by operation in excess of recommended capacities, misuses, negligence or accident, and alteration or repair not
authorized by The Company. No system shall be modified after manufacture without the written authorization of The Company. Any field modification made to the
system without the written authorization of The Company shall void The Company’s warranty obligation. OTHER THAN AS SET FORTH HEREIN, NO
OTHER EXPRESS WARRANTIES, AND NO IMPLIED WARRANTIES, ORAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY THE COMPANY WITH RESPECT TO ITS PRODUCTS AND ALL SUCH
WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. THE COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL,
SPECIAL AND/OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT FORESEEABLE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR
LOST PROFITS AND ALL SUCH INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES ARE HEREBY ALSO SPECIFICALLY DISCLAIMED. The
Company’s obligation and Purchaser’s or end user’s sole remedy under this warranty is limited to the replacement or repair of The Company’s products at the factory,
or at the discretion of The Company, at a location designated by The Company. Purchaser or end user shall be solely responsible for all freight and transportation
costs incurred in connection with any warranty work provided by The Company hereunder. The Company will not be liable for any loss, injury or damage to persons
or property, nor for damages of any kind resulting from failure or defective operation of any materials or equipment furnished hereunder. Components and accessories
not manufactured by The Company are not included in this warranty. Purchaser’s or end user’s remedy for components and accessories not manufactured by The
Company is limited to and determined by the terms and conditions of the warranty provided by the respective manufacturers of such components and accessories.
A) DISCLAIMER OF IMPLIED WARRANTY OF MERCHANTABILITY
The Company and Purchaser agree that the implied warranty of merchantability is excluded from this transaction and shall not apply to the
goods involved in this transaction.
B) DISCLAIMER OF IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE
The Company and Purchaser agree that the implied warranty of fitness for particular purpose is excluded from this transaction and shall not
apply to the goods involved in this transaction.
C) DISCLAIMER OF EXPRESS WARRANTY
The Company’s agents, or dealer’s agents, or distributor’s agents may have made oral statements about the machinery and equipment
described in this transaction. Such statements do not constitute warranties, and Purchaser agrees not to rely on such statements. Purchaser
also agrees that such statements are not part of this transaction.
D) DISCLAIMER OF SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES
The Company and Purchaser agree that any claim made by Purchaser which is inconsistent with The Company’s obligations and the warranty
remedies provided with The Company’s products, and in particular, special, incidental and consequential damages, are expressly excluded.
E) DEALER OR DISTRIBUTOR NOT AN AGENT
The Company and Purchaser agree that Purchaser has been put on notice that dealer or distributor is not The Company’s agent in any respect
for any reason. The Company and Purchaser also agree that Purchaser has been put on notice that dealer or distributor is not authorized to
incur any obligations or to make any representations or warranties on The Company’s behalf other than those specifically set forth in The
Company’s warranty provided in connection with its product.
F) MERGER
This warranty agreement constitutes a final and complete written expression of all the terms and conditions of this warranty and is a complete
and exclusive statement of those terms.
G) PAINTING
Every crane (excluding components) receives a quality paint job before leaving the factory.
Title and Ownership:
Title to the machinery and equipment described in the foregoing proposal shall remain with The Company and shall not pass to the Purchaser until the full
amount herein agreed to be paid has been fully paid in cash.
Claims and Damages:
Unless expressly stated in writing, goods and equipment shall be at Purchaser’s risk on and after Seller’s delivery in good shipping order to the Carrier. Any
modifications or alterations to equipment and equipment not provided by The Company are the responsibility of the owner.
Cancellations:
If it becomes necessary for the purchaser to cancel this order wholly or in part, he shall at once so advise The Company in writing. Upon receipt of such written
notice all work will stop immediately. If the order entails only stock items, a flat restocking charge of 15% of the purchase price will become due and payable by
Purchaser to The Company.
Returns:
No equipment, materials or parts may be returned to The Company without express permission in writing to do so. Returns are subject to a restocking fee. Once
installed, products may not be returned. Products must be in their original packaging (skidded and banded). Customer is responsible for return freight.
Changes and Alterations:
The Company reserves the right to make changes in the details of construction of the equipment, as in its judgment, will be in the interest of the Purchaser; will
make any changes in or additions to the equipment which may be agreed upon in writing by the Purchaser; and The Company is not obligated to make such
changes in products previously sold any customer.
Third Party Action:
Should The Company have to resort to third party action to collect any amount due after thirty (30) days from date of invoice, the Purchaser agrees to pay
collection costs, reasonable attorney’s fees, court costs and legal interest.
Owner Responsibilities:
Owner takes responsibilities for all applicable building, safety and other regulatory codes in their area.
Equal Employment Opportunity:
The Company agrees to take affirmative action to ensure equal employment opportunity for all job applicants and employees without regard to race, color, age,
religion, sex, national origin, handicap, veteran, or marital status. The Company agrees to maintain non-segregated work facilities and comply to rules and
regulations of the Secretary of Labor or as otherwise provided by law or Executive Order.
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