TERMS AND CONDITIONS GENIE - Flipbook - Page 3
Seller for inspection. This warranty shall not cover any item on which serial numbers have been altered, defaced or removed.
This warranty is limited to the original purchaser or original end-user if sold to a distributor, and is not assignable or otherwise
transferable without the written agreement of Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER OBLIGATIONS OR LIABILITY ON SELLER'S
PART.THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE LIMITED WARRANTY CONTAINED HEREIN.
This Warranty shall be null and void if the defect or need for repair results from: (1) the intentional or negligent action or
inaction by Buyer, its agents or employees; or (2) improper maintenance, improper use, abuse, improper storage, operation
beyond rated capacity, operation after discovery of defective or worn parts, accident, sabotage or alteration or repair of the
Parts by persons not authorized by Seller. Labor and wear parts including, but not limited to: lamps, lenses, seals, gaskets,
hoses, filters, breathers, belts, nozzles, friction plates, glass, clutch and brake linings, wire rope, nuts and fittings are not
covered under this Warranty.
9. Remedies for Breach. IN THE EVENT OF ANY BREACH OF THE WARRANTY BY SELLER, THE PARTIES AGREE
THAT SELLER'S LIABILITY SHALL BE LIMITED EXCLUSIVELY TO THE REMEDIES OF REPAIR OR REPLACEMENT
(AT SELLER’S SOLE DISCRETION) OF ANY DEFECTIVE EQUIPMENT COVERED BY THE WARRANTY. In no event
shall any repair or replacement of any defective equipment covered by the Seller’s warranty extend the length of the warranty
beyond the period specified in Section 8 herein.
10. Limitation of Liability. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY,
SELLER AND ITS AFFILIATES SHALL NOT BE LIABLE FOR, AND SPECIFICALLY DISCLAIM, ANY LIABILITY FOR
ANY: (A) LOST PROFITS AND/OR BUSINESS INTERRUPTION (WHETHER DIRECT OR INDIRECT); AND (B)
INDIRECT, INCIDENTAL, CONSEQUENTIAL (WHETHER DIRECT OR INDIRECT) OR OTHER DAMAGES OR LOSSES
OF ANY KIND WHATSOEVER, including, without limitation, labor costs, lost profits, loss of use of other equipment, third
party repairs, personal injury, emotional or mental distress, improper performance or work, penalties of any kind, loss of
service of personnel, or failure of Products to comply with any federal, state, provincial or local laws, regardless of whether
arising from a breach of contract, or warranty, legal claims or otherwise. Nothing in this Section shall operate to exclude
Seller's liability for death or personal injury when directly related to Seller’s negligent act or omission.
11. Limitation of Actions. Any action for breach of this agreement must be commenced within one (1) year after the cause
of action has accrued.
12. Return of Parts. Parts may be returned only with Seller's prior written consent and upon the following conditions: (i) such
Parts must be new, unused, undamaged and not obsolete, in good working order and in first class salable condition; (ii) such
Parts must have been purchased by Buyer from Seller within the ninety (90) days prior to Seller’s consent for return; and (iii)
such Parts shall be returned in the same condition and in the original packaging as when sold by Seller to
Buyer. Notwithstanding the foregoing, wire rope, cut chain, electrical components, special orders of Parts or any Parts which
are altered or manufactured pursuant to Buyer’s requirements and specifications are not returnable. The price refunded by
Seller shall be the invoice price previously received by Seller for the Parts, net of freight and taxes, and less a restocking fee to
be determined by Seller at the time of the return.
13. Insurance. Until the purchase price of any Product is paid in full, the Buyer shall provide and maintain insurance equal
to the total value of any such Product delivered hereunder against customary casualties and risks; including, but not limited
to fire and explosion, and shall also insure against liability for accidents and injuries to the public or to employees, in the
names of Seller and Buyer as their interest may appear, and in an amount satisfactory to Seller. If Buyer fails to provide
such insurance, it then becomes Buyer's responsibility to notify Seller so that Seller may provide same; and the cost thereof
shall be added to the contract price. All loss resulting from the failure to affect such insurance shall be assumed by Buyer.
14. Patents, Copyrights, Trademarks, Confidentiality. No license or other rights under any patents, copyrights or
trademarks owned or controlled by Seller or under which Seller is licensed are granted to Buyer or implied by the sale of
Products hereunder. Buyer shall not identify as genuine products of Seller Products purchased hereunder which Buyer has
treated, modified or altered in any way, nor shall Buyer use Seller's trademarks to identify such products; provided, however,
that Buyer may identify such products as utilizing, containing or having been manufactured from genuine products of Seller
as treated, modified or altered by Buyer or Buyer's representative, upon written prior approval of Seller. All plans,
photographs, designs, drawings, blueprints, manuals, specifications and other documents relating to the business of Seller
("Information") shall be and remain the exclusive property of Seller and shall be treated by Buyer as confidential information
and not disclosed, given, loaned, exhibited, sold or transferred to any third party without Seller’s prior written approval;
provided, however, that these restrictions shall not apply to Information that Buyer can demonstrate: (a) at the time of
disclosure, is generally known to the public other than as a result of a breach of this Agreement by Buyer; or (b) is already
in Buyer's possession at the time of disclosure by from a third party having a right to impart such Information.
3 – Terex Parts Terms and Conditions of Sale (1April2019)
