MANUFACTURERS WARRANTY
Cook Manufacturing (the Seller) warrants to the original end-user buyer (the Buyer) that the equipment manufactured by, and purchased from, the Seller (the Equipment), if properly installed, operated, and maintained in accordance with the Seller’s manuals, and used under normal conditions, shall be free from defects in materials and workmanship for a period of one (1) year from the date the Equipment is shipped from the Sellers facility. The obligation of the Seller, and the Buyer’s sole and exclusive remedy hereunder, shall be limited to one of the following, at the Seller’s option:
- The repair or replacement of defective parts or components (collectively, the Parts) of the Equipment; provided, however, the Buyer shall be responsible for the payment of all transportation and labor costs associated with any such repair or replacement.
- In the event the Seller is unable to repair or replace the defective Parts, the Buyer shall be entitled to a refund of the cost of the Parts.
The Seller shall have no obligation under this Limited Warranty for ordinary wear and tear of the Equipment; if installation of the Equipment does not comply with the local, state, and federal requirements or laws; or if the Equipment is modified by any other person or organization. The Seller makes no warranty of any kind whatsoever with respect to Parts which are manufactured or supplied by other persons or organizations (an OEM); provided, however, the Seller shall reasonably assist the Buyer in connection with warranties, if any, provided by an OEM.
Warranty Performance Procedure:
In the event the Buyer believes the Seller may be responsible for the performance of any warranty obligation, the Buyer must immediately send written notice of a claimed defect and must immediately refrain from any further use of the affected Equipment. No attempted repair of the claimed defect may be made by the Buyer or third-party without the prior written consent of the Seller. Any unauthorized repair or modification will void all warranties. Before any Parts can be returned to the Seller, the Buyer must contact the Seller and request a Return Authorization Form. Upon the Buyer’s receipt of the Return Authorization form, the Parts may be shipped, freight prepaid, to the facility designated on the Return Authorization. All Parts returned for repair, replacement, or refund (which refund may be made in the form of a credit to the Buyer’s account), must be accompanied by the Return Authorization. All returned Parts are subject to a 15% restocking fee. Parts manufactured or supplied by an OEM are subject to warranties, if any, provided by such OEMs; and repair or replacement of such Parts are subject to the approval of the OEM. The Buyer shall be responsible for the payment of any handling or restocking charges associated with OEM Parts.
Disclaimers of Warranties:
The warranties contained herein are expressly in lieu of any other expressed or implied warranties, or any other obligation on the part of the Seller, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. Any models, drawings, specifications, affirmations of fact, promises, or other communications by the Seller with reference to the equipment or performance of the equipment are solely for the convenience of the Buyer and shall not in any way modify the express warranties and disclaimers set forth herein. The Buyer acknowledges it is purchasing the equipment solely based on the commitments of the Seller as expressly set forth herein. No agents or other parties are authorized to make any warranties on behalf of the company or to assume for the company any other liability or obligation in connection with the equipment.
Consequential Damages:
The Seller shall not be liable for any incidental or consequential damages arising from the use of the equipment by the Buyer, the breach of any warranties, the failure to deliver, delay in delivery, delay on nonconforming condition, or for any breach of contract or duty between the Seller and the Buyer.
Limitation of Actions:
Any action resulting from the breach of any warranty contained herein by the Seller must be commenced within one (1) year after the cause of action accrues. In no event shall the Seller’s total liability for any or all breaches of any warranty exceed the actual purchase price paid by the Buyer for the Equipment.
Revision: C
Revision Date: 6/28/2024