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WARRANTY POLICY
APPLIED INDUSTRIAL TECHNOLOGIES STANDARD PRODUCTSANDSERVICESWARRANTYPOLICY
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS SPECIFICALLY SET FORTH HEREIN.
WARRANTY.
Services performed directly by APPLIED. APPLIED warrants, for a period of ninety (90) days from the date of performance, that all services directly performed by it will be performed in accordance with applicable industry standards prevailing at the time of performance. If any of the services do not comply with the foregoing warranty and Customer notifies APPLIED in writing within ninety (90) days of the date of APPLIED’s performance, APPLIED’s sole responsibility shall be to re-perform the nonconforming service or refund the price allocable to the non-conforming service, at APPLIED’s option.
Services performed by others. Services provided by third-party contractors are subject only to such warranties as are extended by the third-party contractor. APPLIED will provide all reasonable assistance to Customer in obtaining the benefits of applicable third-party contractors’ warranties.
Products manufactured by APPLIED. APPLIED warrants that all products manufactured directly by APPLIED are free of liens and other encumbrances and will be free of defects in materials and workmanship under normal use and service, provided that they are returned to APPLIED for inspection within one year of the date of shipment to Customer. APPLIED’s obligation is limited to the repair or replacement of any such products found to be defective. Customer is responsible for product maintenance and use in accordance with APPLIED’s instructions and/or industry standards.
Products manufactured by others. APPLIED warrants that all products manufactured by others are free of liens and other encumbrances. Except for the forgoing warranty, products manufactured by others are sold only with such warranties as may be extended by the manufacturer of the product. APPLIED will provide all reasonable assistance to Customer in obtaining the benefits of applicable manufacturers’ warranties.
INSURANCE.
APPLIED shall maintain and, upon request, will provide Customer with certification of (i) workers’ compensation insurance or qualification as a self-insurer, (ii) employer’s liability insurance with limits of not less than $500,000 per occurrence, and (iii) comprehensive general liability insurance for personal injury and property damage, with combined limits of not less than $1,000,000 per occurrence.
LIMITATION OF LIABILITY.
APPLIED’s liability on any claim for loss or damage arising out of or connected with the performance of services or the supply of any products, or the operation or use of products, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price allocable to such products or services furnished by APPLIED which give rise to the claim, REGARDLESS OF CAUSE OR FAULT. THIS LIMITATION OF LIABILITY REFLECTS A DELIBERATE AND BARGAINED-FOR ALLOCATION OF RISKS BETWEEN APPLIED AND CUSTOMER AND CONSTITUTES THE BASIS OF THE PARTIES’ BARGAIN, WITHOUT WHICH APPLIED WOULD NOT HAVE AGREED TO PERFORM SERVICES FOR, OR SUPPLY PRODUCTS TO, CUSTOMER.
APPLIED SHALL NOT IN ANY EVENT BE LIABLE, whether as a result of breach of contract, warranty, tort (including negligence) or other grounds, FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES including, but not limited to, loss of profits or revenue, loss of use of the products or any associated product, cost of capital, cost of substitute products, facilities or services, downtime costs, or claims of Customer for such damage.
WE APPRECIATE YOUR BUSINESS!
50 Call your local Applied® service center to order at 1-877-279-2799 or visit us online at Applied.com