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 Warrantor’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 Purchaser 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 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 replace or repair 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
WARRANTIES, EXPRESS AND/OR IMPLIED, INCLUDING 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 photographs, brochures,
samples, models, or other sales aids, shall constitute a warranty or other basis for any legal action against Warrantor. There
are no other representations, promises, agreements, covenants, warranties, guarantees, stipulations or conditions, express or
implied, by Warrantor except as expressly set forth herein. THE ORIGINAL PURCHASER 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 REVENUE, 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 specific 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 damages, so 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 validity, 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 which is signed by both Warrantor and Purchaser.
Effective: January 1, 2014
© 2013 Wood-Mizer LLC – 8180 West 10
th
Street, Indianapolis, IN 46214 FORM#1814ENG