
9Part Number: 02805 Rev AA February 2017
THE WARRANTY STATED BELOW IS GIVEN IN PLACE OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR OTHERWISE, NO PROMISE OR AFFIRMATION OF FACT
MADE BY ANY AGENT OR REPRESENTATIVE OF SELLER SHALL
CONSTITUTE AWARRANTY BY SELLER OR GIVE RISE TO ANY
LIABILITY OR OBLIGATION.
Seller warrants that on the date of delivery to carrier the goods are
free from defects in workmanship and materials.
SELLER’S SOLE OBLIGATION IN THE EVENT OF BREACH
OF WARRANTY OR CONTRACT OR FOR NEGLIGENCE OR
OTHERWISE WITH RESPECT TO GOODS SOLD SHALL BE
EXCLUSIVELY LIMITED TO REPAIR OR REPLACEMENT, F.O.B.
SELLER’S POINT OF SHIPMENT, OF ANY PARTS WHICH 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.
Any action against Seller for breach of warranty, negligence or
otherwise, must be commenced within one year after such cause of
action occurs.
NO CLAIM AGAINST SELLER FOR ANY DEFECT IN THE GOODS
SHALL BE VALID OR ENFORCEABLE UNLESS BUYER’S WRITTEN
NOTICE THEREOF IS RECEIVED BY SELLER WITHIN ONE YEAR
FROM THE DATE OF SHIPMENT. 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 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 modified without compliance with such law, instructions or
recommendations.
UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS THOSE
TERMS ARE DEFINED IN SECTION 2-715 OF THE UNIFORM
COMMERCIAL CODE.
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
modified 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-warrantyregistration 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 nonfactory
repair parts can lead to dangerous operation and injury.
TO AVOID INJURY:
• Do not alter or modify equipment.
• Do use only factory replacement parts
WARRANTY
LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES