
Introduction
Warranty
Introduction doc072619 1-7
1
WARRANTOR’S OBLIGATIONS AS TO DEFECTS
In the event that the equipment fails to perform due to defective materials or workmanship attributable to Warrantor
under normal use and service within the established warranty period, Purchaser’s sole and exclusive remedy and War-
rantor’s sole liability shall be to replace or repair, in Warrantor’s sole and subjective discretion, any defective part at
Warrantor’s principal place of business without cost to the Purchaser if such defect exists. The determination of
whether a product is defective shall be made by Warrantor in Warrantor’s sole and subjective discretion. The Pur-
chaser must notify Warrantor prior to shipping any defective part. Warrantor, at its sole discretion, may cover expenses
incurred in shipping the defective part to Warrantor for evaluation; provided, however, that Warrantor will not be
responsible for labor, travel time, mileage, removal, installation, and/or incidental or consequential damages. However,
any part in excess of 140 pounds must be returned by the Purchaser to the Warrantor’s nearest authorized facility at
the Purchaser’s expense, if return is requested by Warrantor. Warrantor shall have a reasonable time within which to
repair or replace the defective part. If Warrantor determines that the product is not defective under the terms of this
warranty in Warrantor’s sole and subjective discretion, then Purchaser shall be responsible for any expenses incurred
by Warrantor in returning the equipment to the Purchaser.
LIMITATIONS AND DISCLAIMERS OF OTHER WARRANTIES
EXCEPT FOR THE EXPRESS WARRANTY PROVISIONS STATED ABOVE, WARRANTOR DISCLAIMS ALL WAR-
RANTIES, EXPRESS AND/OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. No
representation or other affirmation of fact by representatives of Warrantor, whether verbal or in writing, including photo-
graphs, brochures, samples, models, or other sales aids, shall constitute a warranty, or any other basis, for any legal
action against Warrantor. There are no other representations, promises, agreements, covenants, warranties, guaran-
tees, stipulations or conditions, expressed or implied, by Warrantor, except as expressly set forth herein. THE PUR-
CHASER AND ANY INTENDED USER OR BENEFICIARY OF THIS EQUIPMENT, SHALL NOT BE ENTITLED TO
RECOVER ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR INCIDENTIAL
DAMAGES OR LOSES, INCLUDING BUT NOT LIMITED TO, DAMAGES OF LOST PRODUCTION, LOST REVE-
NUE, LOST PRODUCT, LOST PROFITS, LOST BUSINESS, LOSS OF USE, LOSS OF GOODWILL, OR BUSINESS
INTERRUPTION, FROM WARRANTOR FOR ANY REASON WHATSOEVER INCLUDING, WITHOUT LIMITATION,
WARRANTY OR DEFECT IN THE PRODUCT REGARDLESS OF THE SOLE, JOINT, AND/OR CONCURRENT
NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY IN TORT OR STATUTORY
CLAIMS, OR OTHER LEGAL FAULT, OR RESPONSIBILITY OF EITHER WARRANTOR OR PURCHASER OR ITS
EMPLOYEES OR AGENTS. Warrantor does not warrant that its equipment meets or complies with the requirements of
any particular safety code or governmental requirements.
Defective items, replaced under the terms of this warranty, become the property of Warrantor.
DESIGN CHANGES
Warrantor reserves the right to change the design of its products from time to time without notice and without obligation
to make corresponding changes in or to its products previously manufactured.
RIGHTS OF PURCHASERS
The validity and effect of this limited warranty, as well as its interpretation, operation and effect, shall be determined
exclusively by the principles of law and equity of the State of Indiana, USA. This limited warranty gives Purchaser spe-
cific legal rights. Purchaser may also have other rights, which may vary from state to state. Some states may not allow
limitations as to the duration of implied warranties or to the exclusion or limitation of incidental or consequential dam-
ages, therefore some of the limitations and exclusions detailed set forth above may not apply. In the event that any one
or more of the provisions of this warranty shall be or become invalid, illegal or unenforceable in any respect, the valid-
ity, legality and enforceability of the remaining provisions of this warranty shall not be affected thereby.
INTERPRETATIONS
This Warranty constitutes the entire warranty agreement between Warrantor and Purchaser and supersedes any prior
understandings or agreements pertaining to the same subject matter. This warranty cannot be amended, except in writing,
which refers to this warranty that is signed by both Warrantor and Purchaser.
© 2018 Wood-Mizer LLC – 8180 West 10th Street, Indianapolis, IN 46214