ECI Standard Limited Warranty

E-Crane International USA., hereinafter described as the Company, warrants the crane to be free from defects in material and workmanship, subject to the following express limitations:

1.) WARRANTY LIMITATIONS:

A) Company’s obligation shall be limited to making good at the cranes location, any component or part of the crane which shall, within one (1) year or 2080 hours, whichever occurs first, from date of acceptance and which shall be proven by examination and tests to Company’s satisfaction to have been defective;
B.) Warranties are applicable only if the crane is not subjected to abnormal use, operator carelessness or conditions for which it was not designed, and only if effective service inspections and maintenance procedures are followed by Purchaser/Operator;
C.) The warranty shall not be applicable to any parts normally expected to wear out under normal use of service within the warranty period, nor to components or parts which have been repaired or altered after delivery;
D) NO OTHER WARRANTY HAS BEEN MADE OR EXISTS, EITHER EXPRESSLY OR BY IMPLICATION, ALL STATUTORY AND IMPLIED WARRANTIES BEING HEREBY EXPRESSLY WAIVED BY ALL PURCHASERS AND EXCLUDED FROM THE TRANSACTION. THIS IS THE ONLY WARRANTY, EXPRESS OR IMPLIED, UPON WHICH E-CRANE INTERNATIONAL PRODUCTS HAVE BEEN SOLD TO PURCHASER.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.

2.) DAMAGES - LIMITATIONS:

E-Crane International’s liability in connection with said purchase is expressly limited to the repair or replacement of defective parts as above stated, and does not include labor cost, all other damages, statutory or otherwise, being hereby expressly waived by all purchasers.
REMEDIES UNDER THIS WARRANTY ARE EXPRESSLY LIMITED TO THE PROVISION AND INSTALLATION OF PARTS. COMPANY SHALL NOT BE LIABLE FOR OTHER LOSS OR DAMAGES OF ANY TYPE (INCLUDING) WITHOUT LIMITATION LOSS FROM FAILURE OF THE PRODUCT TO OPERATOR FOR ANY PERIOD OR OTHER ECONOMIC OR FINANCIAL LOSS. DIRECT, IMMEDIATE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE ARE EXPRESSLY EXCLUDED.

3.) TIME LIMITATION:

No claim under this warranty shall be valid unless claim is submitted with in one (1) year after the date of commissioning by the company or within 30 days after the discovery of the defect which is the basis of such claim whichever event shall first occur.
THE WARRANTIES SET FORTH ABOVE ARE EXPRESSLY IN LIEU OF THE OTHER WARRANTIES, EXPRESS OR IMPLIED, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF THE COMPANY EXCEPT FOR THOSE OBLIGATIONS AS LIMITED SET FORTH ABOVE AND COMPANY NEITHER ASSUMES NOT AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE CONSTRUCTION AND DELIVERY OF THE CRANE AS FORESAID.

TITLE
The machinery covered by this proposal shall remain the property of the Company until the entire purchase price for same has been paid in cash. Any notes which may be executed and delivered by the Purchaser to the Company shall be regarded as evidence of indebtedness only, and not as payments, whether postponing maturity of the original obligation or not.
The equipment herein described, until fully paid for in cash, shall retain its character as personal or chattel property under all circumstances, wherever placed and whether attached to real estate or not.
In case default be made, or in case a petition in bankruptcy be filed by or against the Purchaser, Purchaser agrees, without prejudice to the Company’s right to recover all amounts then due and unpaid or to pursue any remedies which might otherwise be used, to forthwith deliver said Machine to the Company or permit the Company, or its agent to enter into or upon the Purchaser’s premises or upon any premises where the said Crane may be without let or hindrance, take away and remove the said Crane, using such force as may be necessary to the removal thereof, hereby releasing the Company, or its agents, from all errors and any right of action which the Purchaser may have for entering the Purchaser’s premises or for doing other act to the wrong or injury of the Purchaser in removing said Crane.

All rights conferred by this warranty upon the purchaser shall pass to the purchaser upon delivery of the crane, and shall likewise pass to each subsequent owner of the crane.

CONDITIONS
The Purchaser hereby agrees to protect against all loss the interest of the Company in the equipment covered by this proposal.
All previous communications between the parties hereto, whether verbal or written, with references to the subject matter herein dealt with, shall be superseded by this proposal, and its acceptance by the Purchaser (or by a duly authorized agent of the Purchaser,) followed by its approval by an officer of the Company whose signature it must bear, shall make it a binding contract. However, the proposal, unless accepted by the Purchaser within thirty days from its date, may, at the option of the Company, and without notice, be declared void and withdrawn.
No modification of this contract nor any representation or promise of any agent, shall be binding upon the Company, unless such modification representation or promise shall be in writing, signed and accepted by an officer of the Company, in the same manner as the original contract. This contract when executed at the home office of the Company at Marion, E-Crane International shall make it an Ohio Contract and shall be governed by the laws of the State of Ohio existing at the time contract was made, and is so recognized by the Purchaser. The right is reserved to make such changes in details from these specifications as may be necessary or desirable.