Eskridge Product Warranty
ESKRIDGE, INC. ("Eskridge") warrants to its original purchaser ("Customer")
that new component parts/units ("Units") sold by Eskridge will
be free of defects in material and workmanship and will conform
to standard specifications set forth in Eskridge sales literature
current at the time of sale or to any custom specifications
acknowledged by written Customer approval of drawings, SUBJECT
TO THE FOLLOWING QUALIFICATIONS AND LIMITATIONS:
- Prior to placing Units in service, the Customer shall
provide proper storage such that foreign objects (e.g.,
rain or debris) cannot enter any Units via entry ports which
are normally closed during operation.
- The Customer must notify Eskridge in writing of any claim
for breach of this warranty promptly after discovery of
a defect. The warranty period shall commence when a unit
is placed in service and shall expire upon the earlier of
- the expiration of twelve (12) months from the date
of Commencement of Service (as defined in Paragraph
4)
- the completion of one thousand (1000) hours of service
of the Units
- the expiration of six (6) months after the expiration
of any express warranty relating to the first item of
machinery or equipment in which the Units are installed
or on which it is mounted, or
- the installation or mounting of the Units in or on
an item of machinery or equipment other than the first
such item in which the Units are installed or on which
the Units are mounted.
- Units shall be deemed to have been placed in service (the
"Commencement of Service") at the time the machinery or
equipment manufactured or assembled by the Customer and
in which the Units are installed or on which the Units are
mounted is delivered to the Customer's dealer or the original
end-user, which ever receives such machinery or equipment
first.
- This warranty shall not apply with respect to Units which,
upon inspection by Eskridge, show signs of disassembly,
rework, modifications, lack of lubrication or improper installation,
mounting, use or maintenance.
- Eskridge makes no warranty in respect to hydraulic motors
mounted on any Units. Failure of any such motor will be
referred to the motor manufacturer.
- Claims under this warranty will be satisfied only by repair
of any defect(s) or, if repair is determined by Eskridge
in its sole, absolute and uncontrolled discretion to be
impossible or impractical, by replacement of the Units or
any defective component thereof. No cash payment or credit
will be made for defective materials, workmanship, labor
or travel. IN NO EVENT SHALL ESKRIDGE BE LIABLE FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, FOR WHICH
DAMAGES ARE HEREBY EXPRESSLY DISCLAIMED.
- From time to time, Eskridge may make design changes in
the component Units manufactured by it without incorporating
such changes in the component Units previously shipped.
Such design changes shall not constitute an admission by
Eskridge of any defects or problems in the design of previously
manufactured component Units.
- All freight charges on Units returned for warranty service
are the responsibility of the Customer.
Warranty Return Policy (See Terms
of Sale for refund policy)
- Any part/Unit(s) returned to Eskridge must be authorized
by Eskridge with an assigned return (CSR) number.
- All Units shall be returned freight prepaid.
- Any Units qualifying for warranty will be repaired with
new parts free of charge (except for freight charges to
Eskridge as provided above).
- If Units are found to be operable, you have two options:
- The Units can be returned to you with a service charge
for inspection, cleaning, and routine replacement of all
rubber components and any other Units that show wear;
or
- We can dispose of the Unit(s) at the factory if you
do not wish it to be returned.
NOTE: Any order of Units by customer shall only be
accepted by Eskridge subject to the terms stated herein. Any
purchase order forms used by Customer (to accept this offer
to sell) which contain terms contrary to, different from,
or in addition to the terms herein shall be without effect,
and such terms shall constitute material alteration of the
offer contained herein under K.S.A 84-2-207 (2)(b), and shall
not become part of the contract regarding the sale of the
Units.
The foregoing warranty is the sole warranty made
by Eskridge with respect to any Units and is in lieu of any
and all other warranties, expressed or implied. There are
no warranties which extend beyond the description on the face
hereof without limiting the generality of the foregoing, Eskridge
expressly disclaims any implied warranty of merchantability
or fitness for any particular purpose, regardless of any knowledge
Eskridge may have of any particular use or application intended
by the purchaser. The suitability or fitness of the Units
for the customer’s intended use, application or purpose
and the proper method of installation or mounting must be
determined by the customer.
|
