Standard Warranty
1. WARRANTY POLICY. Subject to those terms and conditions contained herein, Uesco Industries, Inc. (hereinafter “Seller” or “Uesco”) warrants that all goods manufactured by Seller (hereinafter “Seller Products”) and identified in a written proposal, quotation, or offer (hereinafter “Proposal”) made by Seller to the purchaser or buyer (hereinafter “Purchaser”) will perform the specified operation and are guaranteed to do so when installed in accordance with Seller’s drawings, and will be free from defects in material and workmanship for one (1) year from the date of installation. Products manufactured by parties other than Seller and/or its affiliates (“Third Party Products”) supplied by Seller to Purchaser are not warranted by Seller. Third Party Products may be warranted separately by their respective manufacturers or such other parties from whom Seller purchases such Third Party Products and Seller shall, to the extent possible, assign to Purchaser whatever rights Seller may obtain under any such warranties.
All Seller Products to be sold in conjunction with a Proposal provided in accordance with plans and specifications furnished to the Seller by the Purchaser are warranted by the Seller solely that such goods will meet the plans and specifications provided by Purchaser. Seller makes no other warranty express or implied as to such Seller Products (or component parts thereof).
THE FOREGOING REPRESENTS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY SELLER TO PURCHASER AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2. WARRANTY REMEDIES. Purchaser’s sole and exclusive remedy for Seller’s breach of the foregoing warranties during the warranty period shall be, at Seller’s sole discretion, correction of such defects by repair or replacement of any defective products (or component parts thereof) pursuant to the terms of and conditioned upon Purchaser’s compliance with the procedure identified in Section 5 hereof and, except as otherwise provided in Section 5 below, Seller does not accept any labor costs under any circumstances. All replacement parts or components in inventory shall be shipped F.O.B. Seller’s plant in Alsip (Worth Township), Illinois. Replacement parts or components not in inventory shall be shipped F.O.B. origin.
3. LIMITATION OF DAMAGES. SELLER SHALL HAVE NO LIABILITY TO PURCHASER OR ANY END USER OF PRODUCTS OR SERVICES WITH RESPECT TO THE SALE OF PRODUCTS OR PROVISION OF SERVICES UNDER THE PROPOSAL FOR LOST PROFITS OR FOR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND WHETHER ARISING IN, CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, EVEN IF SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH LOST PROFITS OR DAMAGES. SELLER’S LIABILITY IS LIMITED TO THE AMOUNT OF PURCHASER’S DIRECT DAMAGES UP TO THE AMOUNT OF THE CONTRACT PRICE AND IN NO EVENT SHALL SELLER BE LIABLE TO PURCHASER FOR ANY DAMAGES WHATSOEVER IN EXCESS OF THE TOTAL PRICE PAID BY PURCHASER FOR PRODUCTS AND/OR SERVICES REFERENCED IN THE PROPOSAL.
4. INAPPLICABILITY OF, AND VOIDING OF THE WARRANTY. This Standard Warranty does not cover Third Party Products or defects in Seller products which, in the sole discretion of Seller, are not defects in material and workmanship and may be attributed to other causes including but not limited to failure to operate and/or maintain Seller products in accordance with the applicable Seller installation and/or operator’s manuals, owner’s manuals, maintenance manuals, manufacturer’s recommendations, and any other manuals, guidelines or recommendations of Seller concerning the maintenance and operation of Seller products that may be communicated to Purchaser from time to time, side-pulling of load, shock loading, excessive jogging, eccentric loading, overloading, accidental occurrence, improper repair, improper handling or storage of products, chemical exposure and/or abnormal operating conditions not identified to Seller in writing prior to Seller’s issuance of a Proposal, or any other cause that in Seller’s sole discretion is not attributable to defects in material and workmanship. Failure of products to meet published performance specifications due to abnormal operating conditions beyond Seller’s knowledge or control shall not be considered defects in either workmanship and/or material.
Purchaser’s failure to properly care for Seller Products and/or operate Seller Products under normal conditions shall void this Standard Warranty.
Modification or repair of Seller Products and/or incorporation of Third Party Products into Seller Products by individuals and/or organizations other than Seller shall void this Standard Warranty, unless Purchaser obtains Uesco’s prior written consent to such modification, repair, or incorporation.
Purchaser’s failure to pay in full for the products and services provided for in a Proposal shall void this Standard Warranty.
5. WARRANTY PROCEDURE. To obtain warranty remedies pursuant to this Standard Warranty, Purchaser must strictly adhere to the following procedure. Purchaser’s failure to comply with the terms of this procedure shall void this Standard Warranty.
a. Purchaser shall provide Seller written notice of any claimed nonconformance or defect in Seller Products at https://uescocranes.com/pages/warranty-procedure immediately after discovery.
b. Seller’s inspection department shall, within a reasonable time, investigate Purchaser’s claim(s). Seller shall advise Purchaser of Seller’s intention to accept, deny, or further investigate the warranty claim pursuant to the terms of this Standard Warranty. If Seller elects to accept the warranty claim, it shall advise Purchaser of its intention to replace or repair the allegedly nonconforming or defective products (or component parts thereof).
(1) Replacement of allegedly nonconforming or defective products. Should Seller accept Purchaser’s warranty claim and elect to replace the allegedly nonconforming or defective products (or component parts thereof), or should Seller elect to accept Purchaser’s warranty claim through notification to Purchaser that Seller elects to inspect the allegedly nonconforming or defective products (or component parts thereof) and then subsequently elect to replace the allegedly nonconforming or defective products (or component parts thereof), Seller shall within a reasonable time, ship new, comparable, replacement products or components to Purchaser F.O.B. origin.
(2) Repair of allegedly nonconforming or defective products. Should Seller accept Purchaser’s warranty claim and elect to repair the allegedly nonconforming or defective products (or component parts thereof), Purchaser shall transport or ship the allegedly nonconforming or defective products (or component parts thereof) to Seller’s plant and Seller shall ship the repaired products to Purchaser. Such repairs must be authorized by Uesco prior to transport / shipment, shipments must be received within 30 days of Uesco’s repair authorization, and all transportation must be prepaid by Purchaser.
c. If Seller elects to further investigate the warranty claim(s), Seller shall notify Purchaser it shall inspect the allegedly nonconforming or defective products (or component parts thereof). The submission of all allegedly nonconforming or defective products for inspection under this Standard Warranty must be pre-authorized by Uesco, received within 30 days from submission of such pre-authorization, and all transportation must be prepaid by the Purchaser. After receipt of the allegedly nonconforming or defective products, Seller shall inspect said products and advise the Purchaser if the warranty claim is accepted or denied. If the warranty claim is accepted, Seller shall repair or replace the allegedly nonconforming or defective products (or component parts thereof) in accordance with Sections 5(b)(1) or 5(b)(2) above. If the warranty claim is denied, Seller shall bill Purchaser, and Purchaser shall pay Seller any and all costs associated with the performance of inspection of allegedly nonconforming or defective products.
6. NON-TRANSFERABILITY. The express warranties of Seller set forth herein are limited to and only for the benefit of Purchaser and are not transferable or assignable by Purchaser without the prior written consent of Seller.
7. WAIVER. PURCHASER HEREBY WAIVES ANY CLAIM THAT THE EXCLUSIONS OR LIMITATIONS IDENTIFIED HEREIN DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSES THIS OR ANY OTHER AGREEMENT WITH SELLER TO FAIL OF ITS ESSENTIAL PURPOSE. PURCHASER SHALL BE ENTITLED TO NO OTHER REMEDY OTHER THAN THOSE IDENTIFIED IN SECTION 2 HEREOF WITH RESPECT TO THE PROVISION OF PRODUCTS AND/OR SERVICES BY SELLER REGARDLESS OF THE FORM OF CLAIM OR CAUSE OF ACTION, WHETHER BASED IN AGREEMENT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.