R. Cushman and Associates, Inc. (The Company) warrants its power transmission products to be free from defects in material and workmanship under normal use and service for a period of twelve (12) months from the date of manufacture or one thousand five hundred (1,500) hours from the time the product is placed into service, whichever occurs first. A shelf life allowance is made of a maximum of six (6) months with approved storage, so the period of warranty will not exceed eighteen (18) months. Oil seals, rubber products, and damages due to loss of oil are not covered by warranty.
Warranty is not provided unless an application data sheet has been submitted and approved. Changes in application or duty cycle may void warranty.
The Buyer shall be solely responsible for determining the adequacy of the product for any and all uses to which the Buyer shall apply the product. The application of the product by the Buyer shall not be subject to any implied warranty of fitness for that purpose.
Such product is expressly not warranted against failure or unsatisfactory operation resulting from engine brakes or other dynamic vibrations imposed upon it by the drive system in which it is installed unless the nature of such vibration has been fully defined and expressly accepted in writing by The Company as a condition of operation.
The Company will, at its option, repair or replace such parts, free of charge if found upon examination by the company to be defective. All materials returned prepaid.
The above warranty and the above obligation to repair or replace are complete and exclusive: The Company disclaims liability for special or consequential damages of any nature. This Warranty shall not apply to any product which has been repaired or altered in any way by anyone not in our employ nor to any product which has been subject to misuse, negligence, improper storage, or accident. Normal maintenance and seal replacement is acceptable.
If it is necessary to return any parts under this warranty, the Buyer agrees not to make any deduction on account thereof from remittances or current accounts while claims are in process of disposition.
Any expense incurred without The Company’s written consent for repairs or replacement will not be allowed.
THIS WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THERE ARE NO OTHER WARRANTIES THAT EXTEND BEYOND THIS EXPRESSED WARRANTY, UNLESS THE SAME IS SPECIFICALLY SET FORTH IN THE CONTRACT OR ACKNOWLEDGMENT OF THE ORDER, BUT IN SUCH CASE WARRANTY IS LIMITED AS ABOVE PROVIDED.