
© 2016 Columbus McKinnon Corporation. All Rights Reserved.
USA: Ph: (800) 888.0985 •(716) 689.5400 •Fax: (716) 689.5644 •www.cmworks.com
CANADA: Ph: (877) 264.6478 •Fax: (877) 264.6477 •www.cmworks.com
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, for a period of one (1) year from the date of
Seller’s delivery of the goods (collectively, the “Goods”) to the carrier,
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 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.
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