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* The following warranty terms (hereinafter referred to as "Terms")
shall apply the warranty then in effect for the parts distributed by
KONE Spares (KS). No other warranty terms shall apply unless expressly
agreed by and between KS and the purchaser of the Parts ("Purchaser").
1. ENFORCEMENT OF WARRANTY
1.1 Notice
The Purchaser shall notify KS in writing or verbally of any
defects in the Parts, which the Purchaser has detected and requires to
be corrected under this Warranty. Such notice shall be made without
delay, but in any case within fourteen (14) days of detecting the
defect and during the term of the Warranty. The notice shall contain
a description of the defect and a description of the probable cause of it.
1.2 Remedy
If, after appropriate tests and inspections by KS, the Equipment
is found to have defects that fall within this Warranty, exclusive remedy
shall be made, at the sole option of KS, by either repairing the defects
or faults, or by supplying the respective correct parts to the Purchaser.
Either KS or the Purchaser or a third party shall perform repairs, at
KS’s discretion.
2. PRECONDITIONS FOR WARRANTY
2.1 Handling of equipment
This Warranty is given on the condition that the Equipment is
in all respects erected, operated, handled, serviced and maintained properly,
in accordance with KS's instructions and under normal operating conditions.
2.2 Exclusions
Excluded from the Warranty are, and KS shall have no responsibility
for damages of any kind as a result of one of the following events: the repair or
replacement of the Part or any part thereto becomes necessary due to normal wear
and tear, vandalism, accidents or negligence or otherwise without any fault of KS;
the part is an exhaustible item or is listed in the spare part recommendation for
the Equipment; KS has purchased the part from an identified manufacturer and resold
it to the Purchaser, in respect of which the manufacturer's original warranty
applies; repairs, alterations or adjustments to the Part have been performed or
originated by the Purchaser or any third party without KS's prior written consent;
unsuitable raw or working materials have been used when operating the Part.
3. DEFECTIVE PARTS
3.1 Transportation
The Purchaser shall bear the cost and risk of transport of defective
parts to KS’s facility, while KS shall bear the cost and risk of transport of
repaired or replacement parts to the destination stated in the Agreement.
3.2 Defective Parts
At KS’s request, defective parts replaced in accordance with this
Warranty shall be placed at the disposal of KS.
3.3 Permission to return
Any defective parts shall not be returned without authorization
from KS. The authorization would be a Returned Material Authorization (RMA)
issued by a Sales Person at KS. This RMA number must appear on the outside
of the equipment and or carton being returned.
4 PAYMENTS DUE BY THE PURCHASER
4.1 Monies Due
Any monies due to be paid by the Purchaser to KS shall be paid in
full, and KS shall credit the Purchaser for any warranty claims separately, if necessary.
4.2 Deductions
Should the Purchaser make any deductions, KS shall forthwith be discharged
from the performance of its obligations under this Warranty until the Purchaser has
paid KS such deduction in full.
5. SHIPMENTS
5.1 Warranted Parts
Shipments of warranted Products or parts there of can be done via air if
the warranted parts weigh less than 100 Lb. or ground/ocean freight if the warranted
parts exceed 100 Lb.
5.2 Determination of Ship Date
The date of shipment can be noted on the packing slip enclosed in the
container if the shipment is for spares shipped from KS in Moline, IL. If they
are components shipped from a factory at another location the bill-of –lading for
that shipment or in the case the purchaser did not receive a bill-of-lading the
freight bill from the freight handler will determine the exact date of shipment.
5.3 Short Shipments
Once KS is notified of a short shipment and has verified it via
"Warranty Claim" KS shall at its own expense send the products that were
not contained in the original shipment to the purchaser. If the short shipment
parts weigh less than 100 Lb. then KS can ship the parts via airfreight. If the
short shipment parts weigh over 100 Lb. then KS will use the same method of
transportation used for the original shipment. If the original was ocean/ground
freight, KS will pay for the ocean/ground freight equivalent only. Note: KS will
not be responsible for additional duties charged for bringing a "short shipment"
or "warranted item" into any country. In addition, KS shall not pay the import
duties and customs charges of the "short" products that were not contained in the
original shipment. KS reflecting the fair market value of the short supplied item
will issue a "No Charge" commercial invoice.
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