MANUFACTURED PRODUCT WARRANTY
STORCH manufactured products (Conveyors, SuperMag) equipment is backed by the STORCH reputation as a quality manufacturer, and voluntarily provides customer service as it deems necessary. Warranty service and repairs are performed at our factory in Livonia, Michigan. Buyer is responsible for any freight charges to and from STORCH.
STORCH warrants to the Buyer that goods manufactured by STORCH shall be free under normal use from defects in workmanship for one (1) year (12 months of 1 shift) from STORCH’s date of shipment. STORCH incorporates purchased products in its goods and does not warrant those purchased products as to their material or workmanship. STORCH's obligation as to its warranty is limited to repair or replacement by STORCH, at STORCH's sole discretion, of those goods sold by STORCH to Buyer, which have become defective as a result of ordinary and normal use in accordance with the designed purpose and intended application of the goods. The determination of whether a defect exists shall be made solely by STORCH. Buyer shall not return any goods to STORCH until STORCH has been provided with a reasonable opportunity to inspect and sample the goods at the Buyer's premises to determine whether a defect exists, and whether the goods should be repaired or replaced. Buyer shall also provide STORCH with an opportunity to participate in any root cause analysis performed by Buyer. This warranty does not cover any damage to a person or property arising from the use of any goods furnished by STORCH nor does it cover any costs associated with the removal and/or reinstallation of the goods. STORCH’s warranty is contingent on full payment for the goods.
NOTWITHSTANDING ANY OTHER PROVISION HEREIN, STORCH EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALSO DISCLAIMS AND EXCLUDES ALL LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES FOR BREACH OF WARRANTY OR OF CONTRACT OR OTHERWISE. THE WARRANTY PROVIDED IN THIS PARAGRAPH IS THE SOLE AND EXCLUSIVE REMEDY OF BUYER AGAINST STORCH. STORCH IS NOT RESPONSIBLE FOR ERRORS IN BUYER SUPPLIED GEOMETRY.
Any claim for breach of STORCH's warranty must be made in writing to STORCH setting forth in sufficient detail to permit identification of the defect. Any claim for breach of warranty must be made within twelve (12) months after receipt of shipment. If not made within the twelve (12) month period, it shall be conclusively deemed to have been waived.
EXCEPT AS OTHERWISE EXPRESSLY AUTHORIZED IN A WRITING SIGNED BY AN AUTHORIZED AGENT OF STORCH, ALL INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR MARKET SHARE OR DAMAGE TO BRAND VALUE), INCIDENTAL, PUNITIVE, AND EXEMPLARY DAMAGES, WHETHER OR NOT FORESEEABLE, ARE EXCLUDED UNDER THESE TERMS AND CONDITIONS TO THE EXTENT PERMITTED BY APPLICABLE LAW.