HARDINGE STANDARD LIMITED WARRANTY
Subject to the exclusions and limitations set forth in this Standard Limited Warranty, Hardinge Inc. (“Seller”)
warrants to the original buyer only (“Buyer”) that covered products will be free from defects which are not commercially acceptable in material and workmanship for the periods stated below. This warranty gives the buyer specific legal rights, and the buyer may also have other legal rights that vary from state to state.
- What is Covered: This warranty covers new products manufactured by the Seller and sold directly by the Seller or through an authorized representative and used by the Buyer within limits of rated and normal usage (“Covered Products”). The live tooling drive train, belts and tool holders are not covered. This warranty shall apply only to new products sold, installed, and maintained in the continental United States. Installation must take place no later than 6 months from the date of the invoice.
- How Long Coverage Lasts: Coverages lasts 6 months for repair parts purchased after the original machine warranty expires; 12 months for all new CNC Lathes, grinding machines, Bridgeport machines, and indexer and rotary products. For vendor supplied products on Hardinge Turnkey and Hardinge Special (HS) orders, the warranty will be the vendor warranty or one year, whichever is shorter.
- What Hardinge Will Do: Hardinge will either (a) repair or replace the defective part or Covered Product, or, at the Seller’s option, (b) accept return of the Covered Product and refund the purchase price. These are the Buyer’s exclusive remedies. If the Buyer decides to return the Covered Product for a refund, the Buyer shall be liable for all costs associated with the usage of the Covered Product from the date the installation is complete or the date of completion of turnkey runoff at the Buyer’s facility, whichever date is later, to the date Seller is given written notice of an alleged defect or date of agreement to return the Covered Product, whichever is applicable. The cost of Covered Product usage shall be based on the latest Seller rental price for renting a similar product as the Covered Product being returned for the same period of time for which the Covered Product was utilized by the Buyer. This cost shall be deducted from the purchase price refund to the Buyer.
- Non-Warranty Service: Any product not sold, installed, and maintained as specified in section 1 above shall be sold “as is.” The cost of all servicing of equipment may be charged for by the Seller at a per diem rate per worker per workday plus transportation and living expenses.
- How to Make a Claim: For warranty service, please contact Hardinge at (607) 378-3916 or email@example.com.
- Warranty Conditions: In order to have a valid claim under this Standard Limited Warranty:
- Written notice of any claimed defect within the warranty period must be presented to the Seller immediately upon Buyer’s discovery of the defect.
- The terms of this warranty do not in any way extend to any product or part thereof which has a life under normal usage inherently shorter than one year, second-hand products or products which were not manufactured by the Seller and not sold under the Hardinge trade name.
- Seller’s obligation and liability with respect to components not manufactured by the Seller shall be limited to the extent of express warranties received by Seller from such component manufacturers unless said components are sold under the Hardinge trade name, in which case, the new machine warranty shall be applicable.
- This warranty is void and of no effect and Seller shall not be liable for any breach of warranty, express or implied, if the equipment or any part or component thereof shall have been repaired or altered by persons other than the Seller unless expressly authorized in writing by Seller, or if the equipment is operated or installed contrary to Seller’s instruction or subjected to misuse, negligence or accident.
- Seller shall have the option to inspect any parts claimed to be defective either at the Buyer’s place of business or at the Seller’s place of manufacture while the Product is in the claimed defective condition.
- No return shall be accepted unless Seller has had an opportunity to inspect the equipment or has expressly authorized the return.
- If the equipment defect constitutes a safety hazard, operation of the Product must be suspended until corrective action is completed.
- During the warranty period, parts found to be defective by Seller’s inspection will be furnished free of charge, shipment F.O.B. Point of Origin.
- Buyer's material sent for repair will be delivered by Buyer, at its expense, to the repair or manufacturing plant designated by Seller where the work is to be performed. Title to the Buyer's material will remain at all times with Buyer. Risk of loss or damage to material will transfer to Seller upon its arrival at the repair or manufacturing plant and will transfer back to Buyer upon its delivery to the carrier at the repair or manufacturing plant after the work is performed. When repair work is performed by Seller at Buyer's site, title and risk of loss or damage to the Buyer's material and other property shall remain at all times with the Buyer.
OTHER THAN THE LIMITED WARRANTY CONTAINED HEREIN, ALL PRODUCTS ARE PROVIDED BY HARDINGE “AS IS”. HARDINGE MAKES NO ADDITIONAL REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO ANY MATTER WHATSOEVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OF MERCHANTABILITY, DESIGN, CONDITION, DURABILITY, PERFORMANCE, QUALITY, CAPACITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS ARE HEREBY EXPRESSLY EXCLUDED. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. No statement, oral or written, inconsistent with this warranty is binding on the Seller. No agent, employee or representative of the Seller, other than an officer, duly authorized, has any authority to bind the Seller to any confirmation, representation or warranty concerning the Seller’s Product beyond that specifically included in this warranty.
LIMITATION OF LIABILITY
BUYER’S SOLE REMEDY SHALL BE FREE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCTS, OR REFUND OF THE PURCHASE PRICE, IN THE MANNER PROVIDED HEREIN. THE TOTAL LIABILITY OF HARDINGE FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, RESULTING FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT, OR USE OF THE PRODUCTS SHALL NOT EXCEED THE PRICE ALLOCABLE TO SUCH ITEM OF THE PRODUCTS THAT GIVES RISE TO THE CLAIM. IN NO EVENT SHALL HARDINGE OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, COST OF CAPITAL, CLAIMS OF CUSTOMERS OR FAILURE OF SUPPLY, LABOR, OVERHEAD, TRANSPORTATION, INSTALLATION, OR REMOVAL OF PRODUCTS OR SUBSTITUTE FACILITIES OR SUPPLY SOURCES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.