|
Aerial Specialists Incorporated makes NO warranties, expressed or implied on products it distributes
except for warranty defects in materials and workmanship as herein set forth:
A. Aerial Specialists Inc. (the "Company") warrants, to the original Buyer, products it distributes
to be free from defects in material and workmanship under normal and proper use for the period warranted by the Company's
vendor(s).
B. The Company shall not be held liable for component preset requirements, be it hydraulic, electrical
or mechanical. Products distributed, while meeting OEM factory requirements, MUST be set to their prescribed environment upon
installation by trained qualified technicians of the aerialift industry. The Company shall not be held liable for any improper
use or installation of said parts by unqualified and/or untrained personnel.
C. Buyer must comply with warranty claim filing procedures. If the Buyer discovers, within the warranty
period, a defect in material or workmanship, it must promptly submit notice of such condition to the Company and return the
non-conforming part(s) to the Company, freight prepaid, together with any and all properly completed Warranty Claim Forms
furnished by the Company. In no event shall such notice be received later than 30 days following expiration of the applicable
warranty period. If, after inspection by company Quality Assurance personnel, the returned part(s) are judged to be defective
in material or workmanship, the Company will correct such condition by delivering repaired or new replacement part(s) to the
Buyer, at no additional cost other than return freight.
D. This Warranty does not cover damage caused by shipment, misuse of parts (including operation beyond
or exceeding unit specification limits), failure to properly service and maintain parts in accordance with original OEM Manuals
or Factory Service Bulletins, alteration of parts, or natural disasters (such as fire, flood, wind or lightning), and shall
be void if (1) the part is altered or repaired contrary to the Company's authorized instructions (2) the part is altered or
repaired in such a way as to affect its performance or reliability.
E. If field repair or parts replacement is necessary on warranted components, the Company will not
be liable for reimbursement of direct labor costs incurred for said repairs. In no case shall the Company be liable for any
special incidental or consequential damage (including loss of profits, loss of revenue, cost of capital, cost of substitute
equipment, downtime, travel time, claims for third parties and injury to person or property) based upon breach of warranty,
breach of contract, negligence, strict liability in tort, or any other legal theory. This limited warranty allocates the risks
of product failure between the Company and the Buyer, and that allocation is recognized by both parties and is reflected in
the price of the goods.
F. This written warranty is understood to be the complete and exclusive agreement between the parties,
superseding all prior agreements, oral or written, and all other communications between parties relating to the subject matter
of this warranty. No employee, agent or distributor of the Company or any other person is authorized to state or imply any
additional warranties on behalf of the Company, nor to assume for the Company any other liability in conjunction with any
of its products, unless made in writing and signed by an officer of the Company.
|
