1a. CBS Products (KT), Ltd. ("CBS") warrants to the purchaser and/or end user:
(1) that a new product sold and manufactured by CBS will be free from original defects in material and workmanship under normal conditions of use for one year from the date the product was delivered to the purchaser and/or end user;
(2) that a reconditioned used CBS product sold by CBS, or a non-CBS product repaired by CBS, or a new part sold by CBS, will be free from original defects in material and workmanship for ninety days from the date the product was delivered to the purchaser and/or end user;
(3) that consumable items, including, but not limited to, lubricant, lashing wire, drive belts, chains, tyres will be free from original defects in material and workmanship when delivered to the purchaser and/or end user.
1b. The above warranties are contingent upon and subject to the condition that: (1) the purchaser/end user substantiates the date it purchased and received delivery of the product or part, and (2) the product or part shall have been installed, maintained and used in accordance with CBS's or the manufacturer's written instructions.
1c. CBS makes no warranty whatsoever with respect to products manufactured by third party suppliers. Warranties with respect to such products are limited to those which are offered by such suppliers and are transferable to the purchaser and/or end user.
1d. The end user shall determine the suitability of CBS's product or part for intended use, and the end user assumes all risk and liability whatsoever in connection therewith except to the extent set forth in this Warranty.
2a. CBS reserves the right to request that the product or part be returned to it for examination and shall not be responsible for user charges incurred in the replacement of any product. CBS's agreement to repair or replace is also subject to its inspection of the product and verification of the nonconformity.
2b. Subject to immediate written notification of a non-conformance to this Warranty, CBS will, at CBS's option, repair, replace, or refund the purchase price of that product or part, returned freight prepaid to CBS at the address below.
2c. To obtain repair or replacement service under this Warranty, the end user must contact CBS for a Warranty Claim Form (WCF), CBS Form #171. Once obtained, end user must send the WCF, along with the defective part or product (where requested by CBS), transportation prepaid to:
CBS Products (KT), Ltd.
Pillings Road, Oakham
Rutland, LE15 6QF
Tel: +44 1572 723 665
2d. The following costs, charges and expenses are not recoverable under this Warranty:
(1) any field labour and material charges incurred by an authorised CBS dealer or an end user to disassemble, inspect, repair and reassemble our product or part at their respective prime locations unless CBS has first reviewed and approved those charges;
(2) any incidental repair charges incurred by an authorised dealer or an end user for items such as labour, transportation, tolls, lodging and meals at a location remote from its prime facility, or to demount our product or part from its remote location and forward to its prime facility;
(3) any incidental repair charges incurred by an authorised CBS dealer or an end user to remove construction hardware, modify a vehicle or otherwise gain access to CBS's product or part.
2e. The following items are not covered by this Warranty:
(1) any CBS products or parts which become part of a total assembly which has been designated and/or manufactured by others, unless CBS reviews the total assembly and expressly extends its warranty in writing and signed by an authorised representative of CBS;
(2) any design, material and workmanship furnished by others to install or operate a CBS product or part;
(3) any hydraulic, pneumatic, electrical or mechanical control equipment which is not manufactured by CBS and which becomes a part of a CBS assembly.
(4) any damage from abuse, misuse, improper installation, improper operation, alteration, lack of maintenance, negligence in storage or handling, or normal wear and tear of the product.
4a. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES OR GUARANTEES OF ANY KIND OR DESCRIPTION, EXPRESS OR IMPLIED. THE TERMS IMPLIED BY SECTIONS 13 TO 15 OF THE SALE OF GOODS ACT 1979 ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THIS WARRANTY.
4b. IN ANY EVENT, CBS' TOTAL LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL CBS BE LIABLE FOR ANY LOST PROFITS, LOSS OR DAMAGE IN CONNECTION WITH THE INSTALLATION OR USE OF THIS PRODUCT OR PART, EXCEPT AS STATED IN THIS WARRANTY. CBS WILL IN NO EVENT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE, HANDLING, USE OR INABILITY TO USE THE PRODUCT OR PART, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, BREACH OF STATUTORY DUTY, TORT, NEGLIGENCE OR OTHERWISE. CBS DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR: (i) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS (AS APPLICABLE); (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY MATTER IN RESPECT OF WHICH IT WOULD BE UNLAWFUL FOR CBS TO EXCLUDE OR RESTRICT LIABILITY.
4c. SUBJECT TO PARAGRAPH 4b, CBS'S SOLE LIABILITY AND THE PURCHASER/END USER'S SOLE REMEDY FOR A FAILURE OF A PRODUCT OR PART UNDER THIS WARRANTY, AND FOR ANY AND ALL CLAIMS ARISING OUT OF THE PURCHASE AND USE OF THE PRODUCT OR PART SHALL BE LIMITED TO CBS' CHOICE OF REPAIR, REPLACEMENT OR REFUND OF THE PRODUCT OR PART THAT DOES NOT CONFORM TO THIS WARRANTY.
5. CBS reserves the right, without notice, to make changes in equipment design or components as progress in engineering or manufacturing methods may warrant. . This Warranty and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Warranty or its subject matter or formation.
6. This Warranty may not be modified, in whole or in part, except by writing signed by an authorised officer of CBS.