OMT-VEYHL USA CORPORATION WARRANTY OBLIGATIONS ARE LIMITED TO THE TERMS SET FORTH BELOW.
OMT-Veyhl warrants to the original purchaser (“you” or the “Customer”) of a Product that for a period of one (1) year from the date of shipment of the Product(s) (the “Warranty Period”), such Products will materially conform to the specifications set forth in the applicable purchase order, and will be free from significant defects in material and workmanship. For certain component parts of certain Products, as listed below, the Warranty Period is extended from the date of shipment of the Product(s) for the following extension periods (the “Extended Warranty Period”):
- Electronic components such as control boxes, hand switches and motors – three (3) years;
- Mechanical components such as crank drives and spindles – five (5) years; and
- Structural components such as J-channels, feet and top supports – ten (10) years.
This Limited Warranty is made to and for the benefit of the original purchaser of the Product and is non-transferable. This Limited Warranty applies only to the Products that can be identified by the original, unaltered OMT-Veyhl trademark, trade name or logo affixed to them. OMT-Veyhl does not warrant any product that is not manufactured by, for, or with permission from OMT-Veyhl.
In the unlikely event that your OMT-Veyhl Product should require service during the Warranty Period, or you believe you have a claim for a defective Product (an allegedly “Nonconforming Product”), any and all such claims shall be subject to the following procedures.
- You shall notify OMT-Veyhl, in writing, of any alleged claim or defect within five (5) business days from the date you discover, or on reasonable inspection you should have discovered, such alleged claim or defect (but in any event, prior to the expiration of the applicable Warranty Period);
- You shall contact the OMT-Veyhl Service Center at TX# (616) 738-6688 for customer assistance and to request a Return Merchandise Authorization (“RMA”). A copy of the receipt, bill of sale, or other appropriate documentation bearing your identification as the original purchaser and the OMT-Veyhl model number of the affected Product may be required as proof of purchase in order to obtain warranty services. Once the OMT-Veyhl Service Center determines that a return of allegedly Defective Product for inspection is warranted, OMT-Veyhl will issue an RMA number.
- You shall ship, at your expense and risk of loss, the allegedly Nonconforming Product to OMT-Veyhl’s facility designated for inspection and testing by OMT-Veyhl. Any returned Product must be properly packaged, with the RMA clearly displayed on the outside of the packaging, to obtain warranty service.
- If OMT-Veyhl’s inspection and testing reveals, to OMT-Veyhl’s reasonable satisfaction, that such allegedly Nonconforming Product(s) are nonconforming and/or defective, and any such nonconformance or defect has not been caused or contributed to by any of the “Exclusion Factors” described below, OMT-Veyhl shall, in its sole discretion, and at its expense, (a) repair or replace the Nonconforming Product, or (b) credit or refund the price of the Nonconforming Product, less any applicable discounts, rebates, or credits.
- If OMT-Veyhl exercises its option to repair or replace a Nonconforming Product, OMT-Veyhl shall, after receiving your shipment of Nonconforming Product(s), ship to you, at your expense and risk of loss, the repaired or replaced Products to the delivery location designated by you.
- If OMT-Veyhl elects to repair or replace a Nonconforming Product, OMT-Veyhl owns the replaced Nonconforming Product, and OMT-Veyhl owns all parts removed from a repaired Product. OMT-Veyhl uses new and reconditioned parts made by various manufacturers in conjunction with warranty repairs and replacement Products. Repair parts or replacement Products may, at OMT-Veyhl’s option, include an equal or better model or features.
- The warranty period on replacement Products is the remainder of the Warranty Period on the original Product, or thirty (30) days, whichever is longer.
The foregoing contains a Customer’s EXCLUSIVE REMEDY for allegedly Nonconforming Products. A Customer’s remedy under this Limited Warranty is conditioned upon the Customer’s compliance with its obligations under this Limited Warranty. A Customer has no right to return for repair, replacement, credit, or refund any allegedly Nonconforming Products, except as set forth above. In no event shall a Customer reconstruct, repair, alter, or replace any Products, in whole or in part, either itself or by or through any third party. Such actions void this Limited Warranty.
This Limited Warranty does not apply to Products affected by any of the following conditions (the “Exclusion Factors”):
- Abuse, unreasonable use, mistreatment, or neglect
- Improper testing, improper installation, improper storage, or improper handling
- Unusual physical or electrical stress, power fluctuations, or abnormal environmental condition
- Damage caused by use of the Product contrary to any instructions issued by OMT-Veyhl
- Damage caused by the equipment or system with which the Product is used
- Damage caused by use with any third-party goods, hardware, or other product that has not been previously approved in writing by OMT-Veyhl
- Damage caused by modification or repair not made or authorized by OMT-Veyhl
- Products that are determined to be stolen or damaged by an act of God
THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE, NON-TRANSFERABLE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESSED OR IMPLIED. OMT-VEYHL SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, AS TO THE PRODUCTS OR ANY OTHER MATTER WHATSOEVER. IN PARTICULAR, BUT WITHOUT LIMITATION, OMT-VEYHL SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
No OMT-Veyhl distributor, reseller, dealer, agent or employee is authorized to make any modification, extension or addition to this Limited Warranty. No oral or written information or advice given by OMT-Veyhl or its agents will create a warranty or increase the scope of this Limited Warranty.
OMT-VEYHL IS NOT RESPONSIBLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND WHETHER OR NOT OMT-VEYHL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE OR REPLACEMENT OF EQUIPMENT AND PROPERTY, AND ANY LEGAL COSTS OF RECOVERY. OMT-VEYHL’S LIABILITY ARISING OUT OF THIS LIMITED WARRANTY, ITS STANDARD TERMS AND CONDITIONS, SALE OR USE OF PRODUCTS, OR CUSTOMER’S RELATIONSHIP WITH OMT-VEYHL, INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE FOR THE PRODUCT AND SERVICES PROVIDED. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or exclusions of implied warranties, so the above limitations or exclusions may not apply to you.
This Statement of Limited Warranty shall be exclusively interpreted in accordance with the English language with the meaning of its terms. Should a translation of this Limited Warranty deviate from the English language version, only the English language version shall apply and be binding.