GENERAL LIMITED WARRANTY TERMS
Every product in this catalog is Made in America, is thoroughly inspected and performance tested and is free from defects in material and workmanship prior to shipment from the factory. If a product properly installed, maintained and operated as outlined in the applicable accompanying manual and industry standards develops a performance problem within one (1) year from date of purchase, (See specific product warranty for specific details.) from defective materials or workmanship as verified by Special Service and Supply, Inc. repair or replacement will be made to the original purchaser only. Hydraulic cylinders have a lifetime limited warranty against workmanship and material defect. This limited warranty does not cover tools that have been abused, misused, modified, not properly lubricated or deterioration caused by ordinary wear and tear, improper or inadequate maintenance, eccentric or side loading, chemical or abrasive actions, excessive heat, unauthorized modifications or repairs, or use of non factory repair parts. Special Service & Supply Inc. will repair or replace at its sole option, any defective product returned to Special Service & Supply Inc., Attn: Repair Department, 410 Courtney Run, Craig, CO. 81625 USA, together with written explanation of the defect or failure. Delivery expenses and insurance for warranty to and from Special Service and Supply are the responsibility of the Buyer.
There are no other warranties expressed or implied and Special Service and Supply, Inc. its affiliates, subsidiaries, contractors, directors, employees and agents shall not be liable for general, incidental, consequential, or special damages, expenses or costs except as described above.
This Warranty is in lieu of any other warranty expressed or implied, and is limited to repair or replacement of materials found to be defective. In no event shall Special Service & Supply Inc. be liable for any other loss or damage whatsoever.
Special Service and Supply, Inc. reserves the right to make any modifications required by production conditions, to the information set forth in Special Service and Supply, Inc.’s catalog. Special Service and Supply, Inc. shall not be liable or responsible, however, (A) for defects in any portion or part of Goods manufactured by others. If (A) is applicable, Special Service and Supply, Inc., shall as an accommodation to the Buyer, assign to the Buyer any warranties given to it by any such other manufacturers. Any claim by Buyer with reference to the Goods for any cause shall be deemed waived by Buyer unless submitted to Special Service and Supply, Inc. in writing within ten (10) days from the date the Buyer discovered, or should have discovered, any claimed breach. Buyer shall give Special Service and Supply, Inc. an opportunity to investigate.
Provided that Special Service and Supply, Inc. is furnished prompt notice by Buyer of any defect and an opportunity to inspect the alleged defect as provided herein, Special Service and Supply, Inc. at its option and it its sole discretion either: (1) repair the defective or non-performing Goods at Special Service and Supply’s plant, or (2) replacement of the defective or non-performing Goods at Special Service and Supply’s sole option. The foregoing warranty does not cover failure of any part manufactured by others. The exclusive remedy of the Buyer and the sole liability of Special Service and Supply, Inc., for any loss, damage, injury or expense of any kind arising from the manufacture, delivery, sale, installation, use or shipment of Goods and whether based on contract, warranty, tort or any other basis of recovery whatsoever, shall be at the election Special Service and Supply, Inc., be the remedies described above. The foregoing is intended as a complete allocation of the risks between the parties and the Buyer understands that it will not be able to recover consequential damages in substantial amounts. Because this Agreement and the price paid reflect such allocation, this limitation will not have failed of its essential purpose even if it operates to bar recovery for such consequential damages.
The foregoing warranty is exclusive and in lieu of all other warranties whether express or implied by law. There is no implied warranty of merchantability or fitness for a particular purpose. In no event, whether as a result of breach of contract, warranty, tort, (including negligence or otherwise), or strict liability, shall Special Service and Supply, Inc. be liable for any punitive, special, incidental, or consequential damages including but not limited to loss of profit, loss of goods, or other property equipment, damage to other property or the claims of Buyer’s customers shall be limited in the aggregate to, and shall not exceed, the purchase price of the product. Buyer shall indemnify Special Service and Supply, Inc. from all claims including attorney’s fees, including personal injury property damage or other liability resulting from the use of Special Service and Supply , Inc.’s Goods.
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