COVERAGE. HARKEN® warrants that each HARKEN product, when
properly used and maintained, will be free from defects in material and
workmanship from the date of receipt of the product by the final customer. The
Owner’s sole and exclusive remedy under this limited WARRANTY for original
defects in materials or workmanship of a HARKEN product shall be the repair or
replacement, in HARKEN’s sole discretion, of the defective part or component,
in accordance with the terms of this warranty.
WARRANTOR. For products originally sold in the Unites
States, the limited warranty for the products is supplied by HARKEN, INC.. For
products originally sold in the European Union, the limited warranty for the
products is supplied by the dealer who sold the product through the Harken
Distributors in that country. For products originally sold in the rest of the
World, the limited warranty for the products is supplied directly by the Harken
Distributors in that country. When “HARKEN” is mentioned throughout this
Limited Warranty, it refers to the entity as defined in this paragraph.
OWNER
– NON-TRANSFERABLE WARRANTY.
This warranty is made by HARKEN with only the original purchaser of the product
and does not extend to any third parties. The rights of the original purchaser
under this warranty may not be assigned or otherwise transferred to any third
party.
WARRANTY
TERM. The limited WARRANTY
covers any original defects in material or workmanship manifested within 12
months of the date of receipt of the product by the final customer.
NOT
COVERED. The limited WARRANTY
does not apply to, nor shall HARKEN have any liability or responsibility for,
damages or expenses relating to defects caused by misuse, abuse, failure to
install, use, maintain or store the HARKEN product as specified in the warranty
booklet, service booklet, manuals, catalogue or other literature available from
HARKEN.
The limited WARRANTY does not apply to, and neither HARKEN shall have any
liability or responsibility in respect of, damages or expenses relating to:
- defects in material or workmanship that did not exist when the
product was first delivered;
- defects in material or workmanship that are manifested outside the
warranty period;
- defects which are not reported to HARKEN within sixty (60) days of
discovery;
- a product that has been altered or modified from factory
specifications;
- damage or deterioration of cosmetic surface finishes, including
cracking, crazing, discoloration or fading;
- accidents, misuse, abuse, abnormal use, improper use, lack of
reasonable or proper maintenance or storage;
- installation, service or repairs improperly performed or
replacement parts or accessories not conforming to HARKEN’s specifications;
- normal wear or deterioration occasioned by the use of the product
or its exposure to the elements;
- ropes, lines, LOUPS™, buckles and webbing;
- loss of time, loss of use, inconvenience, travel expense, costs
related to procuring any substitute product, transportation costs, any
incidental or consequential damages arising out of the non-use of the product,
or compensation for inconvenience or loss of use while the product is being
repaired or otherwise not available, or other matters not specifically covered
hereunder;
- the costs to remove, disassemble or re-install the product;
- removal, storage and replacing of the product on which the product
has been installed, even where this is necessary to carry out the warranty
service.
PROCEDURE. In the event of a defect
covered by this limited warranty, the Owner shall contact edwww. the dealer
that sold the product. To obtain warranty service for or replacement of your
HARKEN product, your specific and detailed claim must be reported to and
received by the HARKEN dealer, in writing, in accordance with the terms of this
warranty and within the applicable warranty period. Also provide your name,
address, phone number, original sales receipt, a description of the application
of the product, and an explanation of the defect and conditions under which the
product was used. The Owner is responsible for all expenses associated with
transporting the product to and from HARKEN or a HARKEN dealer. If the
examination of the product and the warranty claim reveals that the defect is
not covered by this warranty, you will be contacted and advised of the cost of
repair of your product. If you accept this estimate, the product will be
repaired outside of this warranty.
DAMAGES
OR OTHER COSTS. Except as expressly provided by this warranty, HARKEN SHALL NOT BE
RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER COSTS, WHETHER
THE CLAIM IS BASED IN CONTRACT, TORT OR OTHERWISE, including but not limited to
any costs, taxes, fees, levies or other expenses imposed by any location in
which the product was originally sold. The foregoing statements of warranty are
exclusive and in lieu of all other remedies. Some jurisdictions do not allow
the exclusion or limitation of incidental or consequential damages, so this
limitation or exclusion may not apply to you.
DISCLAIMER. ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES
ARISING FROM A COURSE OF DEALING, USAGE OF TRADE, BY STATUTE OR OTHERWISE, IS
HEREBY STRICTLY LIMITED TO THE TERM OF THIS WRITTEN LIMITED WARRANTY. This
Agreement shall be the sole and exclusive remedy available to the Owner with
respect to this product. In the event of any alleged breach of any warranty or
any legal action brought by the purchaser based on alleged negligence or other
tortious conduct by HARKEN, the Owner’s sole and exclusive remedy will be
repair or replacement of defective materials as stated above. No dealer and no
other agent of HARKEN is authorized to modify, extend or enlarge this warranty.
APPLICABLE
LAW. This warranty is governed
by the laws of the State of Wisconsin for all products originally sold outside
European Union. This warranty is governed by the laws of the Member State of
the European Union where the product was originally sold. The exclusive
jurisdiction and venue for any court action commenced by you under or relating
to this limited warranty or any implied warranty(ies) shall be decided in the
Courts of Waukesha County, Wisconsin or in the competent European Union State
Member Court if the product was originally sold in European Union. In the event
HARKEN prevails in any court action, the claimant shall reimburse HARKEN for
the expenses, including attorney fees and expenses of litigation, reasonably
incurred by HARKEN in defending against such claim.
OTHER
RIGHTS. Claimant’s
acceptance of delivery of the warranted HARKEN product constitutes acceptance
of the terms of this limited warranty. This warranty gives specific legal
rights, and claimant may also have other rights under the laws of the
jurisdiction involved.
ENTIRE
AGREEMENT.
This document contains the entire warranty given by HARKEN in respect of your
product and supersedes any and all oral or express warranties, statements or
undertakings that may previously have been made. Any and all warranties not
contained in this warranty are specifically excluded. There are no terms,
promises, conditions or warranties regarding your product other than those
contained herein. HARKEN specifically does not authorize any person to extend
the time or scope of this warranty or to create or assume for HARKEN any other
obligation or liability with respect to HARKEN products.
