Vestil ACH-100 - Manual (Page 2)

®
Columbus McKinnon Corporation • Industrial Products Division • 140 John James Audubon Parkway
Amherst, New York 14228-1197 • 1-800-888-0985 • Fax 716-689-5644
Note: When ordering parts, always furnish Rated Load and Serial Number of hoist on which the
parts are to be used.
For the location of the nearest Repair Station, see the list located on the inside front cover.
LIMITATION OF WARRANTIES, REMEDIES AND DAMAGES
THE WARRANTY STATED BELOW IS GIVEN IN PLACE OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR OTHERWISE, NO PROMISE OR AFFIRMATION OF FACT
MADE BY ANY AGENT OR REPRESENTATIVE OF SELLER
SHALL CONSTITUTE A WARRANTY BY SELLER OR GIVE RISE
TO ANY LIABILITY OR OBLIGATION.
Seller warrants that on the date of delivery to carrier the goods
are free from defects in workmanship and materials.
SELLER’S SOLE OBLIGATION IN THE EVENT OF BREACH OF
WARRANTY OR CONTRACT OR FOR NEGLIGENCE OR
OTHERWISE WITH RESPECT TO GOODS SOLD SHALL BE
EXCLUSIVELY LIMITED TO REPAIR OR REPLACEMENT,
F.O.B. SELLER’S POINT OF SHIPMENT, OF ANY PARTS
WHICH SELLER DETERMINES TO HAVE BEEN DEFECTIVE
or if Seller determines that such repair or replacement is not
feasible, to a refund of the purchase price upon return of the
goods to Seller.
Any action against Seller for breach of warranty, negligence or
otherwise, must be commenced within one year after such cause
of action occurs.
NO CLAIM AGAINST SELLER FOR ANY DEFECT IN THE
GOODS SHALL BE VALID OR ENFORCEABLE UNLESS
BUYER’S WRITTEN NOTICE THEREOF IS RECEIVED BY
SELLER WITHIN ONE YEAR FROM THE DATE OF SHIPMENT.
Seller shall not be liable for any damage, injury or loss arising
out of the use of the goods if, prior to such damage, injury or
loss, such goods are (1) damaged or misused following Seller’s
delivery to carrier; (2) not maintained, inspected, or used in
compliance with applicable law and Seller’s written instructions
and recommendations; or (3) installed, repaired, altered or
modified without compliance with such law, instructions or
recommendations.
UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS
THOSE TERMS ARE DEFINED IN SECTION 2-715 OF THE
UNIFORM COMMERCIAL CODE.
INDEMNIFICATION AND SAFE OPERATION
Buyer shall comply with and require its employees to comply with
directions set forth in instructions and manuals furnished by
Seller and shall use and require its employees to follow such
instructions and manuals and to use reasonable care in the use
and maintenance of the goods. Buyer shall not remove or permit
anyone to remove any warning or instruction signs on the goods.
In the event of personal injury or damage to property or business
arising from the use of the goods, Buyer shall within 48 hours
thereafter give Seller written notice of such injury or damage.
Buyer shall cooperate with Seller in investigating any such injury
or damage and in the defense of any claims arising therefrom.
If Buyer fails to comply with this section or if any injury or
damage is caused, in whole or in part, by Buyer’s failure to
comply with applicable federal or state safety requirements,
Buyer shall indemnify and hold Seller harmless against any
claims, loss or expense for injury or damage arising from the use
of the goods.
Alterations or modifications of equipment and use of non-factory
repair parts can lead to dangerous operation and injury.
TO AVOID INJURY:
• Do not alter or modify equipment.
• Do use only factory replacement parts.
2008 Columbus McKinnon Corp. Printed in U.S.A. 8-1-07 09/08