All statements, technical information and recommendations contained in SMITH’s literature are based on tests believed to be reliable, but the accuracy or completeness thereof is not guaranteed and the following is made in lieu of all warranties, expressed or implied. SMITH warrants all equipment or part referenced in this document which is manufactured by SMITH and bearing its name to be free from defects in material and workmanship on the date of sale to the original purchaser under normal use and maintenance as herein provided. This warranty does not apply to components manufactured by others such as, but not limited to, bearings and engines; such components that may or may not have their own warranties.
With the exception of any special, extended, or limited warranty published by SMITH, SMITH will, for a period of three months (90 days) from the date of sale or up to five hundred (500) hours of use by buyer, whichever shall occur first; repair or replace any part of the equipment determined by SMITH to be defective. This warranty applies only when the equipment or part is installed, operated and maintained in accordance with SMITH’s written recommendations.
SMITH’s sole obligation for any breach of warranty or breach of contract for defects, deliberate or accidental omissions, shall be limited to repairing, replacing or allowing credit for, at SMITH’s option, any part which, under normal and proper use and maintenance, proves defective in material or workmanship within warranty period, provided, however, that notice of any such defect or omission and satisfactory proof thereof is promptly given by buyer to SMITH, and thereafter, such defective part is returned to SMITH with transportation charges prepaid, and SMITH’s examination proves such part to have been defective. This warranty does not obligate SMITH to bear any transportation charges or personnel time in connection with the replacement or repair of defective parts. This warranty does not obligate SMITH to bear any expense for travel time or of personnel in connection with any service calls. SMITH will not, in any event, be liable to the user for any consequential damages arising out of this sale for the loss of use, lost profits or revenue, interest, lost goodwill or work stoppage. SMITH shall not be liable for any injury, loss or damage, direct or consequential, arising out of the use or the inability to use the product or for environmental claims. It being understood that SMITH has no means of controlling the products final use; therefore, it shall be buyer’s responsibility to determine suitability of product for intended use and buyer assumes all risks and liabilities whatsoever, in connection therewith. In no event shall SMITH be liable for consequential or special damages. Used products are sold on an “as is” basis, and there is no implied warranty of merchantability or of fitness for a particular purpose, unless made in writing by an officer at SMITH’s office.
This warranty does not cover, and SMITH shall not be liable for general wear and tear, or any malfunction, damage or wear caused by faulty installation, misapplication, abrasion, corrosion, inadequate or improper maintenance, negligence, accident, tampering, or substitution of non-SMITH component parts. Nor shall SMITH be liable for malfunction, damage or wear caused by the incompatibility of SMITH equipment with structures, accessories, equipment or materials not supplied by SMITH, or the improper design, manufacture, installation, operation or maintenance of structures, accessories, equipment or materials not supplied by SMITH. This warranty does not apply in respect to damages to any product or accessory or attachment thereof caused by overloading or other misuse, neglect or accident, nor does this warranty apply to any product or accessory or attachment thereof, which has been repaired or altered in any way which, in the sole judgment of SMITH, affects the performance, stability or general purpose for which it was manufactured. In the manufacture of buyer’s equipment, parts may be omitted or equivalent functioning equipment and components may be substituted for the original specified equipment upon the sole judgment and discretion of SMITH.
This warranty is conditioned upon the prepaid return of the equipment claimed to be defective to an authorized SMITH Reseller for verification of the claimed defect. If the claimed defect is verified, SMITH will repair or replace free of charge any defective parts and return of merchandise back to the customer freight collect. If inspection of the equipment does not disclose any defect in material or workmanship, repairs will be made at a reasonable charge, which charges may include the costs of parts, labor and transportation.
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
SMITH’s sole obligation and buyer’s sole remedy for any breach of warranty shall be as set forth above. The buyer agrees that no other remedy (including, but not limited to, incidental or consequential damages for lost profits, lost sales, injury to person or property, or any other incidental or consequential loss) shall be available. Any action for breach of warranty must be brought within two (2) years of the date of sale.
SMITH MAKES NO WARRANTY, AND DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ACCESSORIES, EQUIPMENT, MATERIALS OR COMPONENTS SOLD BUT NOT MANUFACTURED BY SMITH.
These items sold, but not manufactured by SMITH (such as electric motors, switches, hose, etc.), are subject to the warranty, if any, of their manufacturer. SMITH will provide purchaser with reasonable assistance in making any claim for breach of these warranties. In no event will SMITH be liable for indirect, incidental, special or consequential damages resulting from SMITH supplying equipment hereunder, or the furnishing, performance, or use of any products or other goods sold hereto, whether due to a breach of contract, breach of warranty, the negligence of SMITH, or otherwise.
ADDITIONAL WARRANTY COVERAGE – SMITH does provide extended warranty and wear warranty for products.
Corrections – typographical or clerical errors contained herein are subject to correction by SMITH.
Assignment – buyer shall not assign or transfer this warranty without SMITH’s written consent.
Entire agreement and applicable law – the rights and obligations of SMITH and buyer shall be governed by the laws of the state of Florida, U.S.A. In force on date hereof. The provisions hereof are intended by buyer and SMITH as a final expression of their agreement, and are intended also, as a complete and exclusive statement of all terms apply cable to buyer’s order. No waiver, modification, or addition to any of the terms hereof shall be binding on SMITH, unless made in writing by an officer at SMITH’s office as stated herein. In the event of conflict between buyer’s purchase order and the terms hereof, the latter shall control. If any provisions herein are to any extent invalid or unenforceable, the remainder of the warranty shall not be effected thereby and shall be valid and enforceable to the fullest extent permitted by law.
Legal action – buyer shall be responsible for all costs of collection of outstanding indebtedness, including but not limited to attorney’s fees and court costs to seller. Buyer shall reimburse seller for any and all litigation expenses seller incurs as a result of an unsuccessful buyer claim. The jurisdiction and venue of the court for any litigation, state or federal, brought by the buyer and/or seller shall be located in venue determined by seller.
Fair labor standards – seller’s products are produced in the United States and in conformity with all applicable provisions of the fair labor standards act of 1938 as amended and any regulations and orders of the United States Department of Labor issued thereunder.
All written and visual data contained in this document reflects the most current product information available at the time of this publication. SMITH reserves the right to make changes at any time without notice.
TO ORDER, contact your SMITH representative, or call 1-800-653-9311 to identify the nearest distributor.
SMITH Manufacturing Co, Inc.
2504 NW 19 Street
Pompano Beach, FL 33069