Engineered Lifting Systems (ELS) warrants their equipment, when shipped, and their work (including installation, construction, repair and start-up), when performed, will meet specifications agreed to in writing and will be free from defects in material and workmanship for a period of 1 year or 1,000 hours, whichever comes first.
PRE-TEST INSPECTION & WARRANTY PERIOD: Every major item of equipment manufactured by ELS is inspected and tested before shipment and is guaranteed against defects in workmanship and material, from the date of delivery to our customer, for a period of twelve months or 1,000 hours, whichever comes first.
REPLACEMENT: The liability of ELS under the conditions of the warranty is expressly limited to the cost of repair or replacement of any part found to be defective at our discretion, FCA our plant in Elmira, Ontario, Canada.
NOTIFICATION: The obligation of ELS under the warranty is conditional on the prompt receipt of written notice of the claim within the warranty period, including details of the defect.
APPROVAL: Prior to any repairs being done, approval must be obtained in writing from ELS for any inspection, adjustment, repair and/or replacement under the warranty, either at ELS ’ plant, or at the customer’s or other location. Items to be returned to ELS must obtain a return approval number from ELS prior to shipment and must be returned by prepaid freight. Item must be paid in full to be eligible for warranty.
LOCATION: Any adjustments to be made under the warranty at any location other than the ELS plant must have complete and prior written approval from ELS, which must include approval of the nature of the adjustment and all parties performing any or all of the work involved. Repairs performed by anyone without the prior approval of ELS will invalidate and void the warranty.
REPAIR WORK: ELS is not liable if the purchaser carries out any changes or repair work without prior consent by ELS. Where warranty claims occur outside the Region of Waterloo, Ontario, Canada, ELS shall charge and the Purchaser shall pay, time and expenses for travel only, at ELS’ rates then in effect by ELS.
LIMITATION: ELS will not be liable for any loss, or expense resulting from damages. ELS liability to the buyer for any cause what so ever shall be limited to the purchase price paid to ELS for the goods. In no event shall ELS be liable for any special, incidental, indirect, consequential or punitive damages, even if ELS has been advised of the possibility thereof, including but not limited to lost profits, lost business revenue, damages resulting from loss of data or loss of use of the goods or damages claimed against buyer by any other person, arising under any circumstance.
EXCLUSIONS: The following exclusions are not covered by this warranty:
- Damages due to neglect by the Purchaser.
- Damages due to lack of proper maintenance or due to misuse by the Purchaser. This warranty shall be voided due to the use of unauthorized repairs or use of unauthorized replacement parts.
- Damages due to an act of God or other unforeseen accident or causes beyond the control of the Warrantor.
- Any incidental, indirect, special or consequential damages.
- Wear items
SHIPPING: It is the responsibility of the customer to inspect all items of equipment immediately upon receipt and to notify both the carrier and the shipper of any claims resulting from shortages or damage and to provide all the documentation required to establish the claim.
MAXIMUM: Maximum liability is limited to and in no case to exceed the purchase price of the unit manufactured and warranted by ELS.
USAGE: There is no warranty, express or implied, of suitability, merchantability or fitness of any piece of equipment for any particular purpose or operation. The warranty applies only to equipment manufactured and warranted by ELS under normal use and service and does not apply in the event of any damage caused by neglect, accident, misuse, or resulting from any alteration to the equipment without prior specification approval from ELS.