Limited Warranty For New LiftScience Forklift, Pallet Stacker, Electric Pallet Jack Electric Forklift Trucks and other equipment
(Effective for purchases after September 1, 2006)
Amended October 29, 2007
LIMITED WARRANTY:
Subject to the exclusions, limitations, disclaimers, limitations of remedy, and limitations of liability of this warranty, LiftScience warrants that its product, including: forklift, pallet stacker, electric pallet jack, electric forklift truck or other equipment shall be free from defects in material and workmanship and will provide or reimburse original purchaser for replacement parts (diagnostic and installation labor will be the purchasers responsibility) as follows:
The period of two (2) years for Series X Equipment (one (1) year for all other forklift, pallet stacker, electric pallet jack, electric forklift truck or other equipment) from the date of delivery:
Structural components
Motors
Switches
Electrical controllers
Battery charger
Electrical cables and connectors
The period of thirty (30) days from the date of delivery:
Wheels
Hoses
Batteries
Rubber parts
RETAIN YOUR ORIGINAL PROOF OF PURCHASE AND DELIVERY RECEIPT.
WARRANTY DISCLAIMER:
THE OBLIGATIONS OF LiftScience, AND THE RIGHTS AND REMEDIES OF PURCHASER/CLAIMANT SET FORTH IN THIS LIMITED WARRANTY ARE EXCLUSIVE AND IN SUBSTITUTION FOR ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF LiftScience. NO OTHER WARRANTY IS EXPRESSED AND NONE SHALL BE IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR USE OR FOR A PARTICULAR PURPOSE.
EXCLUSIONS FROM WARRANTY:
Any LiftScience product including: forklift, pallet stacker, electric pallet jack, electric forklift truck or other equipment which has been damaged as a result of use contrary to any of LiftScience' written instructions and maximum lift weight is not covered by this warranty.
Any repair or replacement of maintenance/wear components to include, but not limited to: rubber pieces, batteries, wheels, fluids and hoses.
Any minor hydraulic leakage or seepage as defined as less than one (1) fluid ounce per day.
Any LiftScience product including: forklift, pallet stacker, electric pallet jack, electric forklift truck or other equipment which has been damaged as a result of any testing, adjustments, or modification that is contrary to any LiftScience' written instructions is not covered by this warranty.
Any LiftScience product including: forklift, pallet stacker, electric pallet jack, electric forklift truck or other equipment which has been modified by any non-LiftScience component is not covered by this warranty.
Any LiftScience product including: forklift, pallet stacker, electric pallet jack, electric forklift truck or other equipment having a defect caused by neglect, accident, misuse, abuse, use in a manner that is not normal or customary; or extraordinary use or maintenance is not covered by this warranty.
Any discoloring, peeling, scratches, cracks, or similar defect in product finished caused by or deemed a direct result of environmental factors outside the control of LiftScience, is not covered by this warranty.
No warranty is made that the LiftScience product including: forklift, pallet stacker, electric pallet jack, electric forklift truck or other equipment will meet your requirements or will work in combination with any products provided by third parties.
REMEDIES:
If a claim is made under this warranty and, after investigation by LiftScience, proves to be valid, LiftScience, will, at its sole option, either repair or replace the products including: forklift, pallet stacker, electric pallet jack, electric forklift truck or other equipment that do not conform to this limited warranty. We may use functionally equivalent reconditioned/refurbished/pre-owned or new LiftScience products or parts. Upon such a repair or replacement, the original remaining warranty period will continue in effect and be applicable to the repaired or replacement LiftScience product including: forklift, pallet stacker, electric pallet jack, electric forklift truck or other equipment.
Except as expressly provided in this limited warranty to the contrary, LiftScience, SHALL NOT BE OBLIGATED OR LIABLE FOR LABOR OR OTHER COSTS RELATED TO INSTALLATION, REPAIR, OR REPLACEMENT OF ANY OF ITS PRODUCTS OR FOR LOSS OF, OR DAMAGE TO, ANY MATERIAL WHICH IS NOT SOLD BY LiftScience .
LIMITATION OF LIABILITY:
LiftScience SHALL HAVE NO LIABILITY WHATSOEVER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES UNDER ANY CIRCUMSTANCES, WHETHER BASED ON TORT OR BREACH OF CONTRACT CLAIMS OR ON ANY OTHER BASIS, TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF LiftScience, IF ANY, SHALL BE LIMITED IN ALL EVENTS, AND SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT UPON WHICH THE CLAIM OF LIABILITY IS MADE.
WARRANTY CLAIMS:
All claims and other communications under this warranty must be made to LiftScience via:
Email to:sales@liftscience.com,
Fax to: 425-642-8094
Or mail to: LiftScience Brand Material Handling Equipment
Attn: Warranty Claims
PO Box 2397
Redmond, WA 98072
Each claim must be in writing, briefly describe the defect, and be accompanied by a proof of purchase. The purchaser/claimant must provide to LiftScience other information and evidence reasonably required by LiftScience, and, if requested, must permit inspection of the product by LiftScience, or its representatives. LiftScience, reserves the right to request purchaser/claimant submission of product claimed to be defective.
Reimbursement for approved claims will be paid via company check within 30 business days after receipt of all required claim documentation.