1. LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND AT WWW.MOTOCRANE.COM/LEGAL.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM US WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP .
WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR PRO-RATED REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. REPAIR OR REPLACEMENT INCLUDES PARTS AND LABOR. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR PRO-RATED REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
DUE TO DOMESTIC AND INTERNATIONAL CUSTOMER LOCATIONS, WE DO NOT COVER SHIPPING AND HANDLING COSTS. YOU WILL PAY SHIPPING AND HANDLING COSTS FOR REPAIR OR REPLACEMENT OF ANY KNOWN DEFECTS OF PRODUCTS UNDER THIS LIMITED WARRANTY. IF YOU BELIEVE A DEFECT IN YOUR PRODUCT EXISTS, YOU MUST FIRST CONTACT US AT CONTACT@MOTOCRANE.COM IN ORDER TO ALLOW US TO ATTEMPT A REMOTE TROUBLESHOOT TO DETERMINE INFORMATION ABOUT THE SUSPECTED DEFECT. IF WE DETERMINE A POTENTIAL DEFECT EXISTS, WE WILL PROVIDE OPTIONS AND COVER PARTS AND LABOR FOR THE REPAIR OR REPLACEMENT.
You will be solely responsible for, and promptly pay, all shipping and handling charges and all taxes, duties, tariffs or other similar fees. Failure to pay such shipping and handling
charges and any other taxes, duties, tariffs or other similar fees may result in the non-delivery or delayed delivery of your products and in such cases we are not obligated to issue you any refund in whole or in part of any payment made to us for any such products.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from us. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
(b) What This Warranty Covers.
During the Warranty Period (as defined below), this limited warranty covers defects in
materials and workmanship in products and services purchased from us, including Upgrades. (c) What This Warranty Does Not Cover.
This limited warranty does not cover any damages due to:
(iii) improper use, including but not limited to use that is prohibited or
identified as improper in any operation manual, applicable product or service manual, or documentation;
(iv) illegal use, under any applicable laws, regulations, ordinances, or orders;
(v) failure to follow the product instructions or to perform any preventive maintenance;
(vi) modifications to the original product (other than Upgrades);
(vii) combination or use with any products, materials, processes,
systems or other matter not provided by us or not authorized in writing by us;
(viii) unauthorized repair;
(ix) normal wear and tear; or
(x) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(d) The Warranty Period.
Subject to the Terms, the warranty period (the “Warranty Period”) is as follows:
(i) The lesser of twelve (12) months up to six hundred (600) hours of normal use from the date of unit shipment to customer.
Upgrades, accessories, or modifications to a product may reduce its durability, and, therefore, you agree that we may reduce the Warranty Period applicable to you if you accept an Upgrade, or install accessories or make modifications, if any, that you purchase from us or we provide to you as a product or service. The Warranty Period terminates immediately if you reject a mandatory Upgrade offered to you under Section 5 above. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(e) Remedies under This Warranty?
With respect to any defective products claimed during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund a pro-rated amount of the purchase price of such products. The pro-rated refund will be a fraction of a full refund and reflect the amount of use you have received from your product through the date of your claim. The amount of use will be the greater amount determined by (1) dividing the number of months which have elapsed from the date of your purchase to the date you claim by the number of months in the Warranty Period and (2) dividing the number of hours of use which have been recorded from the date of your purchase to the date of your claim by the number of hours for the applicable Warranty Period. If we elect to repair or replace the defective products, shipping and handling must be paid for by you, the customer.
With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services in part or in whole, in our sole discretion.
(f) Obtaining Warranty Service.
To obtain warranty service, you must e-mail us at firstname.lastname@example.org during the Warranty Period to obtain an RPA number. No warranty service will be provided without an RPA number.
(g) Limitation of Liability for Breach of Limited Warranty.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE PURCHASED FROM US, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF OPPORTUNITY, PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT PRODUCTS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(h) Dispute Resolution.
You acknowledge and agree that the dispute resolution procedure detailed in Section 17 is the sole remedy available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
7. DISCLAIMER OF OTHER WARRANTIES.
EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH IN SECTION 6, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” WE HEREBY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE), AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY.
NEITHER US NOR OUR REPRESENTATIVES ARE LIABLE FOR CONSEQUENTIAL, INDIRECT,INCIDENTAL,SPECIAL, PUNITIVEORENHANCEDDAMAGES,LOSTPROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE OR YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) WHETHER THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED IS ALLEGED TO BE A FAILURE OF ITS ESSENTIAL PURPOSE.
9. MAXIMUM LIABILITY.
OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR PURCHASE OF PRODUCTS OR SERVICES FROM US, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID TO US PURSUANT TO YOUR PURCHASE OF PRODUCTS OR SERVICES FROM US.
10. ASSUMPTION OF RISK.
WITHOUT LIMITING THE GENERALITY OF ANY OTHER TERMS, YOU ASSUME ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY PRODUCTS OR SERVICES, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY US, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE PRODUCTS OR SERVICES.