Seller warrants that for a period of one (1) year from the date of its delivery of the goods to the carrier, the goods will be free from defects in workmanship and materials. IN THE EVENT OF ANY BREACH OF SUCH WARRANTY OR CONTRACT OR FOR NEGLIGENCE OR OTHERWISE WITH RESPECT TO ANY GOODS, SELLER’S SOLE OBLIGATION SHALL BE EXCLUSIVELY LIMITED TO AT THE OPTION OF SELLER. REPAIR OR REPLACEMENT, F.O.B. SELLER’S POINT OF SHIPMENT, OF ANY PARTS THAT SELLER DETERMINES TO HAVE DEFECTIVE OR IF SELLER DETERMINES THAT SUCH REPAIR OR REPLACEMENT IS NOT FEASIBLE. TO A REFUND OF THE PURCHASE PRICE UPON RETURN OF THE GOODS TO SELLER. NO CLAIM AGAINST SELLER FOR ANY BREACH OF SUCH WARRANTY SHALL BE VALID OR ENFORCEABLE UNLESS BUYER’S WRITTEN NOTICE THEREOF IS RECEIVED BY SELLER WITHIN ONE (1) YEAR FROM THE DATE OF SELLER’S DELIVERY TO THE CARRIER. EXCEPT FOR THE WARRANTY SET FORTH ABOVE, SELLER MAKES NO OTHER WARRANTIES WITH RESPECT TO THE GOODS. WHETHER EXPRESSED OR IMPLIED INCLUDING ANY WARRANTIES OF MERCHANT-ABILITY FITNESS FOR A PARTICULAR PURPOSE. QUALITY AND/OR THOSE ARISING BY STATUE OR OTHERWISE BY LAW OR FROM ANY COURSE OF DEALING OR USE OF TRADE. ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY WITH RESPECT TO ANY GOOD WHETHER IN CONTRACT TORT OR OTHER THEORY OF LAW. FOR LOSS OF PROFITS OR LOSS OF USE OR FOR ANY INCIDENTAL CONSEQUENTIAL SPECIAL DIRECT OR INDIRECT DAMAGES. HOWSOEVER CAUSED. SELLER’S MAXIMUM LIABILITY TO BUYER WITH RESPECT TO THE GOODS SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR THE GOODS THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM. 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 the carrier
2. Not maintained, inspected or used in compliance with applicable law and Seller’s written instructions and recommendations
3. Installed repaired altered or modified without compliance with such laws instructions or recommendations.
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Since 1883, Duff-Norton has earned a reputation for reliable, high quality products that meet the industrial lifting, positioning and transfer needs of our worldwide customers. Both our standard and custom designed products are subjected to the same rigorous testing throughout the design process to assure maximum performance and quality. We have been ISO 9001 registered since 1994, and practice and conduct lean initiatives regularly.