EDAC Machinery (“EDAC”) warrants its spindles to be free from defects in material and workmanship under normal use and service for a period of up to one year from date of shipment from EDAC’s facility. The length of warranty period will be specifically stated on the EDAC proposal to the customer and will depend upon the type of spindle, the application, and any other factor that EDAC may deem to have an effect on the life of the spindle.  EDAC’s liability under this warranty shall be limited to the repair of any part found to EDAC’s satisfaction to have been defective, and which had not been misused, abused, abnormally used subjected to accident or improper maintenance, altered, or carelessly handled.

In order to take advantage of this warranty, the product must be returned to EDAC at Buyer’s expense for examination within 10 days of discovery, of the alleged defect, with a detailed written explanation of the claimed defect. All warranty repairs must be performed by EDAC. EDAC reserves the right to decline responsibility under this warranty where:

  1. Repairs have been made or attempted by others.
  2. Operation and maintenance instruction have not been complied with.
  3. Damage due to handling and installation.
  4. Damage to spindle while being transported from EDAC to destination

This warranty is limited to repair of the components proven to EDAC’s satisfaction to be defective and shall not extend to any damages, actual or consequential, which may be caused by the defective product. Due to its continuous improvement programs, EDAC reserves the right to make changes in products or specifications at any time.

EDAC MAKES NO OTHER WARRANTY OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, AND THE FOREGOING WARRANTY IS EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED. ANY ORAL OR WRITTEN DESCRIPTION OF THE SPINDLES IS FOR THE SOLE PURPOSE OF IDENTIFYING THEM AND SHALL NOT BE CONSTRUED AS AN EXPRESS WARRANTY.

EDAC shall not be liable to the Buyer or any other party for any other obligations or liabilities including, without limitation, obligations or liabilities arising out of breach of contract or warranty, negligence, tort, or strict liabilities. In no event shall EDAC be liable for incidental, consequential, or other damages. EDAC’s aggregate liability with respect to defective products shall be limited to the monies paid by Buyer to EDAC for the defective products manufactured by EDAC.

On equipment or products furnished by EDAC but manufactured by others, the written assignment of the manufacturer’s warranty, if any, will be assigned to Buyer if reasonably practicable. EDAC does not adopt or guarantee or represent that the manufacturer will comply with the terms of its warranty. EDAC will not reimburse Buyer for any expenses incurred by Buyer in repairing or replacing defective product. EDAC assumes no liability as to possible patent infringement by virtue of use of its products in combination with other elements or structure and Buyer indemnifies EDAC against damages sustained in relation thereto, including reasonable attorney’s fees.

Errors:

EDAC reserves the right to correct clerical or similar errors relating to price or any other term shown in this contract.

Non Waivers:

The failure by either party to enforce any of the provisions or terms hereof shall not constitute a waiver of such provisions or such terms or any of the rights of such party hereunder.

Amendments:

These terms and conditions will not be amended, modified, or rescinded except by written agreement signed by an authorized official of each party expressly referring hereto.