CM-ET Lodestar - Manual (Page 2)

LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
THE WARRANTY STATED BELOW IS GIVEN IN PLACE OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, OF MER-
CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
OTHERWISE, NO PROMISE OR AFFIRMATION OF FACT MADE
BY ANY AGENT OR REPRESENTATIVE OF SELLER SHALL
CONSTITUTE A WARRANTY BY SELLER OR GIVE RISE TO
ANY LIABILITY OR OBLIGATION.
Seller warrants that on the date of delivery to carrier the goods are
free from defects in workmanship and materials.
SELLER’S SOLE OBLIGATION IN THE EVENT OF BREACH OF
WARRANTY OR CONTRACT OR FOR NEGLIGENCE OR OTHER-
WISE WITH RESPECT TO GOODS SOLD SHALL BE EXCLUSIVE-
LY LIMITED TO REPAIR OR REPLACEMENT, F.O.B. SELLER’S
POINT OF SHIPMENT, OF ANY PARTS WHICH SELLER DETER-
MINES TO HAVE BEEN DEFECTIVE or if Seller determines that
such repair or replacement is not feasible, to a refund of the pur-
chase price upon return of the goods to Seller.
Any action against Seller for breach of warranty, negligence or oth-
erwise, must be commenced within one year after such cause of
action occurs.
NO CLAIM AGAINST SELLER FOR ANY DEFECT IN THE GOODS
SHALL BE VALID OR ENFORCEABLE UNLESS BUYER’S WRIT-
TEN NOTICE THEREOF IS RECEIVED BY SELLER WITHIN ONE
YEAR FROM THE DATE OF SHIPMENT.
Seller shall not be liable for any damage, injury or loss arising out of
the use of the goods if, prior to such damage, injury or loss, such
goods are (1) damaged or misused following Seller’s delivery to car-
rier; (2) not maintained, inspected, or used in compliance with appli-
cable law and Seller’s written instructions and recommendations; or
(3) installed, repaired, altered or modified without compliance with
such law, instructions or recommendations.
UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES AS THOSE
TERMS ARE DEFINED IN SECTION 2-715 OF THE UNIFORM
COMMERCIAL CODE.
INDEMNIFICATION AND SAFE OPERATION
Buyer shall comply with and require its employees to comply with
directions set forth in instructions and manuals furnished by Seller
and shall use and require its employees to follow such instructions
and manuals and to use reasonable care in the use and mainte-
nance of the goods. Buyer shall not remove or permit anyone to
remove any warning or instruction signs on the goods. In the event
of personal injury or damage to property or business arising from
the use of the goods, Buyer shall within 48 hours thereafter give
Seller written notice of such injury or damage. Buyer shall cooperate
with Seller in investigating any such injury or damage and in the
defense of any claims arising therefrom.
If Buyer fails to comply with this section or if any injury or damage is
caused, in whole or in part, by Buyer’s failure to comply with appli-
cable federal or state safety requirements, Buyer shall indemnify
and hold Seller harmless against any claims, loss or expense for
injury or damage arising from the use of the goods.
®
V
!! WARNING
Alterations or modifications of equipment and use of non-
factory repair parts can lead to dangerous operation and
injury.
TO AVOID INJURY:
• Do not alter or modify equipment.
• Do use only CM replacement parts.
Columbus McKinnon Corporation
CM Entertainment Division
140 John James Audubon Parkway
Amherst, New York 14228-1197
1-800-888-0985
1-716-689-5400
Fax 1-716-689-5644
cmrigging.com
© 2006 Columbus McKinnon Corp. 8/06 Printed in USA
All Columbus McKinnon (CM ® ) Lodestar Electric Chain
Hoists are thoroughly inspected and performance tested
prior to shipment. If any properly maintained hoist develops
a performance problem due to a material or workmanship
defect, as verified by CM, repair or replacement of the unit
will be made to the original purchaser without charge. This
repair/replacement policy applies only to Lodestar Hoists
installed, maintained and operated as outlined in this manual,
and specifically excludes parts subject to normal wear,
abuse, improper installation, improper or inadequate mainte-
nance, hostile environmental effects and unauthorized
repairs/modifications.
We reserve the right to change materials or design, if, in our
opinion, such changes will improve our product. Abuse,
repair by an unauthorized person, or use of non-CM
replacement parts voids the guarantee and could lead to
dangerous operation. For full Terms of Sale, see Sales
Order Acknowledgement. Also, refer to the back cover for
Limitations of Warranties, Remedies and Damages, and
Indemnification and Safe Operation.
GENERAL INFORMATION