
Glue Machinery Corporation Champ™Stick 400 Manual
Part # G25E03-001
Glue Machinery Corporation™
4234 Boston St, Baltimore, Maryland 21224
Toll Free 1-888-202-2468 | Phone: 410-761-2727 | Fax: 410-761-5127 | Email: info@gluemachinery.com
www.gluemachinery.com
5. LIMITED WARRANTY AND DISCLAIMERS: Subject to the limitations set forth in
these terms and conditions, Seller warrants that the item(s) sold to Buyer will, under normal
use and service, conform to any specifications that are listed in this Agreement. Seller
reserves the right to change any of its specifications, if applicable, at any time. The limited
warranty set forth in this paragraph expires at the earlier of (i) three months after date of
shipment or (ii) the period or shelf life specified in the applicable Technical Data Sheet (the
“Warranty Period”). This limited warranty is the sole and exclusive warranty provided under
this Agreement and extends only to the original Buyer from Seller and does not extend to any
subsequent purchases or any other uses of any item sold hereunder. No claim against Seller
shall be allowed by any party other than the Buyer. NO OTHER WARRANTY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDINGANY WARRANTY
OF MERCHANTABILITY, INFRINGEMENT, FITNESS FOR PARTICULAR
PURPOSE OR OTHERWISE, SHALL EXIST IN CONNECTION WITH THE SALE
OR USE OF ANY ITEM HEREUNDER. ADDITIONALLY, NO REPRESENTATION
OR WARRANTY MADE BY ANY SALES REPRESENTTIVE OR SELLER WHICH
IS NOT SPECIFICALLY SET FORTH HEREIN SHALL BE BINDING UPON
SELLER. All claims under this warranty must be made in writing and delivered to Seller at
the address listed in Seller’s invoice prior to the expiration of the Warranty Period or such
claims shall be barred.
The limited warranty provided for herein does not cover, and specifically excludes, material
failure resulting from normal wear and tear, abuse, neglect, improper installation, faulty
maintenance, accidental or intentional damage, damage from fire, floods, earthquakes or
other acts of God, and/or defects resulting from seller’s compliance with Buyer’s
specifications. Additionally, it is solely Buyer’s responsibility to test and determine the
suitability of any item for any intended use, and although Seller may have recommended an
item or developed an item at Buyer’s request, Buyer assumes all risk and liability whatsoever
regarding the item’s suitability for Buyer’s or any other intended use.
6. LIMITATIONS OF LIABILITY. Upon receipt of a timely warranty claim from Buyer in
accordance with these terms and conditions, Seller shall have the option either to inspect the
item while in Buyer’s possession or to request Buyer to deliver the item to Seller at its factory
or other designated site, at Buyer’s expense, for inspection by Seller. Seller shall, at its
option, either (i) replace any item that has been properly selected, stored and used and is
reasonably determined by Seller to be in breach of the warranty set forth in the foregoing
paragraph of these terms and conditions, in which case seller shall then ship the replacement
item to Buyer F.O.B. point of shipment; or (ii) if in Seller’s sole judgment circumstances are
such as to preclude the remedying of a breach of any warranty by replacement, Seller shall
refund to Buyer, by issuance of a credit or otherwise, the applicable part of the purchase price
theretofore paid to Seller. IN NO EVENT SHALL SELLER’S LIABILITY FOR ANY
DEFECTIVE ITEMS UNDER THIS AGREEEMENT EXCEED THE PURCHASE
PRICE THEREOF. IT IS EXPRESSLY AGREED THAT REPLACMENT OR
REFUND OF THE PURCHASE PRICE SHALL BE THE SOLE AND EXCLUSIVE
REMEDY FOR ANY BREACH OF WARRANTY OR ANY OTHER CLAIM IN
RESPECT OF SUCH ITEMS, INCLUDING, WITHOUT LIMITATIONS, THOSE
CLAIMS BASED ON CONTRACT, WARRANTY, TORT, OR STRICT LIABILITY.
SELLER SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR
REMOVAL OR INSTALLATION COSTS, DISPOSAL COSTS, LABOR COSTS,
DOWNTIME, DAMAGE TO OTHER PROPERTY, LOSS OF BUSINESS OR
PROFITS, OR ANY SIMILAR OR DISSIMILAR INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES. The sole purpose of the stipulated exclusive remedy set
forth in this paragraph shall be to provide Buyer with free replacement or refund for defective
items in the manner provided herein. This exclusive remedy shall not be deemed to have
failed of its essential purpose so long as Seller is willing and able to replace defective items
in the manner prescribed herein or to provide a refund if, in Seller’s judgment, replacement is
not feasible or appropriate under the circumstances.