In addition to all claims listed on each of the following individual WARRANTY pages, the following GENERAL DISCLAIMERS apply.
- The purchaser of any BendPak or Ranger product (Buyer) assumes the risk of verifying all materials or resources used or relied on. In no event will BENDPAK be liable to the Buyer or to anyone else for any decision made or action taken in reliance on information obtained from any BendPak website or from any BendPak or Ranger dealer, or third-party website, or any online or published catalog.
- BENDPAK has exclusive title and ownership rights, including all intellectual property right throughout the world for all material and content contained on any BendPak website or from any BendPak or Ranger online or published catalog.
- BENDPAK warrants that all products shown on any BendPak website or in any online or published catalog conform to BENDPAK published specifications only and are free from defects in material or workmanship.
- BendPak websites may contain hypertext or other links to websites not owned or controlled by BENDPAK. Links to other computer systems or websites are not supervised nor regularly reviewed by BENDPAK. BENDPAK specifically disavows legal responsibility for any information, personal opinions, guidance, advice or instruction that a Buyer receives from others or other websites.
- Materials, design, specifications, images and other content from any BendPak website, or any other BendPak or Ranger affiliate or dealer website, or any BendPak or Ranger online or published catalog are subject to change. BENDPAK takes no responsibility for improper use or any results thereof. BENDPAK reserves the right to make changes to all published warranties, website content, or published content without incurring any obligation to notify the Buyer or public that changes were made.
- BENDPAK products are provided and sold as is without any express or implied warranties, including warranties of merchantability or fitness for particular purpose.
- BendPak makes no promises, guarantees or assurances that our products meet any state, county, federal or international mandated permit, license, code, standard, certification, or any other mandate other than what is listed or shown on BendPak website(s), or any BendPak or Ranger online or published catalog. Not all BendPak lift models meet the standards as prescribed by ANSI/ALI ALCTV-(current edition) or ANSI/UL 201. Consult www.autolift.org for a complete list of lift models that meet ANSI/ALI ALCTV-(current edition) or ANSI/UL 201, or contact BendPak via email@example.com. Buyer assumes full responsibility for any state, county, federal or international mandated permit, license, code, standard, certification, or any other mandate required related to the installation and/or operation of any BendPak or Ranger product. BENDPAK will not be responsible for any charges, fines, liens, or other levies imposed on the Buyer related to any special or regional structural, seismic or any other building code and/or codes such as the Uniform Building Code (UBC), International Building Code (IBC), or any other state, county, federal or international mandated permit, license, code, standard, certification, or other mandate, law, rule, regulation or directive by any other agency, government, administrations, or corporations whether state, county, federal, or international mandated.
- In no event will BENDPAK be liable for any special, incidental, or consequential damages based on breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. Damages that BENDPAK will not be responsible for include, but are not limited to: loss of profits; loss of savings or revenue; loss of use of the product or any associated equipment; cost of capital; cost of any substitute equipment, facilities, or services; downtime; the claims of third parties, including customers; and injury to property. This limitation does not apply to damages caused by breach of the warranty of title and against infringements or to claims for personal injury.
- Unless modified in a writing signed by both parties, it is understood that BENDPAK published Warranties and BENDPAK Terms and Conditions of Sale are to be the complete and exclusive agreement (Agreement) between the parties superseding all oral or written prior agreements and all other communications between the parties relating to the subject matter of said Agreement, including statements made by salespersons. No employee of BENDPAK or any other party is authorized to make any warranty in addition to those made in the Agreement. The buyer is warned, therefore, to check all Warranties and review in full detail the Terms and Conditions of Sale carefully to see that it correctly reflects those terms that are important to the Buyer.
- The Agreement allocates the risks of product failure between BENDPAK and the buyer. This allocation is recognized by both parties and is reflected in the price of the goods. Buyer acknowledges that they have read and fully understand the Agreement, and are bound by its terms. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to some Buyers. This warranty gives the Buyer specific legal rights. The Buyer may have other rights also which vary from State to State.
- ANY ACTION FOR BREACH OF WARRANTY MUST BE COMMENCED WITHIN 60 DAYS FOLLOWING EXPIRATION DATE OF ANY WARRANTY PROVISION OR TERM.