- Yaskawa America, Inc ("YAI"), Drives & Motion Division (hereinafter “D&M”), warrants
at the time of shipment, new and unused product sold by D&M shall be free from defects in materials and workmanship. D&M warrants that for a period of one (1) year from the date the product is first used by Buyer, or 18 months from the date of shipment, whichever occurs first, if any product or part is found by D&M to be defective, D&M will, at its sole discretion and as Buyer’s exclusive remedy, either repair, replace or return the purchase price paid to D&M; provided that the subject product is used under normal conditions for which it was designed and installed, operated and maintained in accordance with D&M's instructions and in accordance with generally accepted industrial practices. Products repaired or replaced during the warranty period shall be covered by the foregoing warranty for the remainder of the original warranty period or ninety (90) days from date of the repair or shipment of the replacement, whichever is longer. D&M warrants, for a period of ninety (90) days, that services shall be performed in a workmanlike manner. Buyer’s sole remedy for a breach of this service warranty is limited to further service or a refund or credit of amounts paid by Buyer, at Seller’s option.
- D&M’s warranty obligation shall be conditioned upon receipt by D&M of written notice of any alleged defects within sixty (60) days after discovery. D&M will not be responsible for unauthorized repairs to any products, even if defective. D&M shall not be responsible for any products which have been altered, abused, misused, or improperly installed or repaired, or for any loss, damage, defect, claim or non-performance resulting from or attributable to Buyer's specifications. D&M does not guarantee production rates or the quality of goods made using D&M’s products or services, nor shall any longer warranty periods apply, except as agreed in writing signed by an authorized D&M representative.
- Where Buyer orders non-stock products or parts manufactured by a third-party, D&M will, to the extent permitted, pass through to Buyer any warranty of the manufacturer. As to such items, Buyer’s sole remedy for breach of warranty shall be the remedy offered by and available from the manufacturer, if any.
- D&M's warranty herein is in lieu of and excludes all other warranties of D&M and any parent or affiliated companies of D&M. D&M disclaims all other warranties, whether express, implied or statutory, including, but not limited to, any implied warranties of merchantability and/or fitness for a particular purpose or use.
- Under no circumstances shall D&M, or any parent or affiliated company of D&M, be liable to buyer or any entity for any special, indirect or consequential damages, whether arising from breach of contract, tort, negligence, misrepresentation, strict liability or otherwise, including for lost profits, impairment of goods, work stoppage or otherwise, in any way arising out of or related to products or services supplied by D&M or any transaction to which these standard terms apply. The maximum liability of D&M, including, but not limited to, with respect to the design, manufacture, sale, delivery, resale, inspection, assembly, installation, testing, repair, replacement, maintenance or use of any product or the performance of any service, shall not exceed the purchase price paid to D&M.
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