High Lifter Detroit Locker #4 - Manual (Page 13)

Controlled Document
F0325 (0999)
OBLIGATIONS UPON TRACTECH TO FURNISH OR INSTALL THE SAME UPON ANY PRODUCTS PREVIOUSLY
SOLD AND DELIVERED OR PRODUCTS THEN IN PROCESS, MANUFACTURE OR DISTRIBUTION.
LIMITATION OF REMEDIES
At TRACTECH’S option, TRACTECH will credit the Buyer’s account for the purchase price of, or repair or replace without
charge for materials, any TRACTECH product that failed within the warranty period that is finally determined by
TRACTECH to have been defective in material or workmanship.
Any suit or action arising out of or relating to this Warranty or the breach thereof, must be commenced within one (1) year
after the cause of action has accrued. The foregoing shall not limit the time within which any suit or action must be
brought to collect an amount agreed to be paid by the Buyer or to enforce a judgement for or to collect any such amount.
It is expressly agreed that the liability of TRACTECH is limited, and TRACTECH does not function as an insurer. All
buyers of TRACTECH products waive subrogation on all claims covered under their own or any other insurance.
If TRACTECH should be found liable to anyone on any theory (except breach of any express warranty, where the
exclusive remedy is as set forth above), the liability of TRACTECH shall not exceed the purchase price of the involved
TRACTECH product (or service) when sold (or when service is performed) by TRACTECH to the first Buyer. THE
REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REMEDIES, EXPRESS OR
IMPLIED, regardless of theory, cause or origin of any loss, harm or damage resulting directly or indirectly to any person,
organization, entity or property including without limitation, the performance or non-performance of any obligation set forth
in this Warranty, breech of any agreement (oral or written) including specifications between TRACTECH or its customer or
the Buyer, negligence, active, passive or otherwise, of TRACTECH or any of its distributors, agents or employees; breach
of any warranty or covenant implied or imposed by law; misrepresentation; and/or strict liability.
The sole purpose of the stipulated exclusive remedies shall be to provide the Buyer with a credit or replacement for, or the
repair of, defective products or services in the manner provided herein. The exclusive remedies shall not be deemed to
have failed of their essential purpose so long as TRACTECH is willing to credit the Buyer’s account for the purchase price
of; provide replacement for, or repair, the defective products or services in the manner prescribed herein.
ADJUSTMENTS
When adjustment is sought under this Warranty a claim should be made within 90 DAYS of the date of failure as follows:
A. Users in North America
1. If the product or part was purchased through a distributor of TRACTECH products, have the distributor write or
phone TRACTECH Customer Service Department to obtain an Authorization to Return serial number. Supply the
distributor with all requested information. Have the distributor ship the entire product (freight prepaid) to our
Warren, Michigan factory. Evaluation of claims takes 4-6 weeks from receipt of the product.